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[0:00]
Planning Commission for August 17th,
[0:02]
2026. Roll call. Mlan
[0:05]
>> here.
[0:05]
>> Bradshaw
[0:06]
>> here.
[0:07]
>> Uh Curtis is here. Visser
[0:09]
>> present.
[0:09]
>> Cutler is here.
[0:11]
>> All right. Need a motion for the
[0:13]
consideration of the meeting agenda.
[0:16]
>> So moved.
[0:16]
>> Moved by Cutler. Support by
[0:19]
>> support.
[0:20]
>> Mlan.
[0:22]
Need further discussion. All those in
[0:24]
favor say I. I.
[0:26]
>> All those opposed. We have a agenda at
[0:28]
this time. We will have a public comment
[0:31]
period brief up to two minutes for
[0:33]
anything uh anyone would like to talk
[0:35]
about. Please note we will be having a
[0:37]
public hearing for the item 6A public
[0:41]
hearing in consideration of a special
[0:43]
land use um for homebased business uh at
[0:47]
a later time. So if you are here to talk
[0:49]
about that, there's a separate time for
[0:51]
that.
[0:57]
» Please don't move. Okay. Hello. Good
[1:00]
evening. I'm uh Danielle Grassid and
[1:03]
I've only been to the Gaines Township
[1:06]
meetings. So, I'm just going off of what
[1:09]
I think I'm supposed to do. So, I I live
[1:11]
in Calonia Township on 7010 Patterson.
[1:15]
I'm right across the street from Gaines
[1:17]
Township, though. So, I've been going to
[1:19]
their meetings about the data center
[1:22]
ordinance discussions.
[1:24]
And um I I just noticed yours recently
[1:28]
and I skimmed through it quick. Uh
[1:30]
something I noticed was you didn't have
[1:32]
anything specific to the DBC and tonal
[1:36]
noise and it sounds like someone in the
[1:38]
audience is going to have some
[1:40]
information for you on that. I have a
[1:42]
preschooler that's going to be going to
[1:44]
Dutton Elementary. And so you guys have
[1:46]
residents and a school really, really
[1:48]
close to that border. And so I'm just
[1:52]
trying to get maybe your township to
[1:55]
help their township also meet some like
[1:59]
stringent ordinance numbers to make it
[2:03]
so we all enjoy our properties and our
[2:06]
students aren't annoyed during the day.
[2:11]
Yep. Okay. Thanks.
[2:12]
>> Thank you.
[2:21]
» Uh name is Greg Cummage. C O M E G YS
[2:26]
live on 92nd Street. Been a resident of
[2:30]
the township here for 40ome years, I
[2:33]
believe. Now, uh on the on the subject
[2:35]
of noise, um I want to address that
[2:38]
later. five minute sessions, but I'd
[2:40]
like to just um um sort of tell you
[2:44]
about an experience my wife and I had
[2:46]
with respect to noise. Um I had a high
[2:49]
school reunion in South Meshawaka a
[2:51]
couple weeks ago and on the way home I
[2:54]
told my wife I said let's just swing by
[2:56]
Dwag because it's in the news and people
[2:59]
are suing because of the uh the sound
[3:02]
situation. So we drove through through
[3:05]
Dwajak and u located the site there and
[3:09]
uh as soon as we opened the windows and
[3:11]
we were parked on the street right in
[3:13]
front of the residential area. Soon as
[3:15]
we opened the windows our vehicle would
[3:18]
just fill with this screeching whining
[3:22]
uh noise just continuous noise. And uh I
[3:27]
have a little app on my phone that
[3:29]
measures dB with in the vehicle with the
[3:32]
windows closed, the engine off. It was
[3:33]
like 60. I got out and I walked into the
[3:36]
facility. I didn't go beyond the uh the
[3:40]
imposing uh gate and the red light and
[3:43]
all that. I stopped short of that, took
[3:46]
some pictures of the facility, and then
[3:48]
measured the noise. It immediately
[3:50]
jumped up to about 90 dB right there. Uh
[3:53]
I hadn't been there too long. security
[3:55]
guard worked his way across the parking
[3:57]
lot and um confronted me and said,
[4:00]
"You're on private property." And I
[4:02]
said, "Well, I'm behind the gate." I
[4:04]
said, "Okay." And he said, "I don't
[4:05]
care. You're still on private property."
[4:07]
Now, I went about 50 ft from the road on
[4:09]
the little entrance drive to it. And he
[4:12]
uh he said, "You're on private property.
[4:13]
You're going to get out of here." So, he
[4:15]
escorted me all the way back to our
[4:16]
vehicle and then waited until we left.
[4:19]
So, the noise is very palpable. This is
[4:22]
a fairly small data center. compared to
[4:25]
some of the monster ones.
[4:27]
>> I'm sorry, your time is up.
[4:28]
>> My time is up. All right. You You'll
[4:30]
hear from me in five minutes time, too.
[4:33]
>> Thank you, Greg.
[4:47]
» Hi, I'm Kaylee Doring. I live at 5858
[4:49]
Lawnmore Court in the Greymore
[4:51]
neighborhood.
[4:53]
Um, and just seeing that air data center
[4:56]
ordinance discussion is on the agenda
[4:59]
today, we sorry, I just want to
[5:04]
reiterate the fact again that while that
[5:07]
data center ordinance is very important,
[5:08]
it's also important to remember that we
[5:11]
still have the ability to look at our
[5:12]
master plan. Um, well, you have the
[5:15]
ability to look at the master plan and
[5:17]
make some decisions on that and maybe
[5:19]
just look at changing what the plan says
[5:22]
instead of making some of those zones
[5:25]
light industrial and maybe making them
[5:27]
mixed use instead and making our
[5:29]
community a better place to be as
[5:31]
opposed to a place where we are inviting
[5:34]
things like data centers or other things
[5:36]
in light industrial zoning um to places
[5:40]
like next to our neighborhood.
[5:42]
Um, I also have
[5:48]
uh
[5:50]
a letter here that has been drafted just
[5:53]
to kind of give some more information. I
[5:54]
think some
[5:58]
um things just to consider when going
[6:02]
over that ordinance if I'm allowed to
[6:05]
approach and give it to you. Is that
[6:08]
allowed? Is that okay? Or I can give it
[6:10]
to you, Miss Lenny.
[6:29]
Thank you.
[6:36]
So, I just want to um make clear that we
[6:39]
will not be allowed to make comments uh
[6:42]
during the discussion of the ordinance.
[6:44]
Is that what I'm understanding?
[6:46]
>> It's not a public hearing. No.
[6:49]
>> Okay. And you won't make an exception
[6:50]
for such?
[6:52]
>> It's not a public hearing. No.
[6:55]
>> Okay. Well, great. I'll head right to it
[6:57]
then. Um so, number of issues. Deb
[7:00]
Steady, by the way, uh resident There
[7:03]
are a number of issues that need to be
[7:05]
strengthened in this draft ordinance. I
[7:07]
will deal with one important aspect,
[7:08]
noise and vibration. Um, I'm going to
[7:11]
pass out what was provided to me uh by
[7:15]
pen future as a model ordinance and I
[7:17]
think you can see the deficiencies in
[7:19]
how this ordinance is dealing with
[7:21]
noise. Um, specifically the application
[7:25]
requires a detailed acoustic study to
[7:27]
minimize noise and achieve a neutral
[7:28]
impact on adjacent and neighboring
[7:30]
nearby properties. How is neutral impact
[7:33]
defined? Um, maximum overall noise limit
[7:36]
is not specified. Section 3.61. Does
[7:40]
this mean an equivalent continuous sound
[7:42]
level? How will this be measured? Over
[7:44]
what time frame will this be the same
[7:46]
for all types of properties surrounding
[7:48]
the data center? See the sample
[7:50]
ordinance. Um, the use shall not exceed
[7:53]
the decibel levels in the designated
[7:55]
octave bands below. I couldn't find the
[7:58]
octave bands below in that draft. Um
[8:02]
same paragraph maximum overall noise
[8:04]
limit shall be 60 dbas. The dBA scale uh
[8:07]
scale only registers sound in the
[8:09]
audible range. Um this eliminates the
[8:12]
recording of pressure impulses below 20
[8:16]
hertz referred to as infrasound
[8:19]
significant health impacts on humans and
[8:21]
animals. Section page 13, section 8, PC
[8:25]
may authorize other or different
[8:27]
alternative regulations and conditions,
[8:30]
blah blah blah. An unelected
[8:33]
commission should not have this
[8:34]
authority. Any modification should
[8:36]
require public hearings and township
[8:38]
board approval. You got to clean up the
[8:40]
setbacks on page five and 10. Um there's
[8:44]
discrepancies in what each of those
[8:46]
areas are presenting. Um
[8:49]
>> thank you. Your time's up.
[8:51]
>> Well, thank you.
[8:52]
So what I will do is pass the model
[8:55]
ordinance.
[8:56]
>> Just excuse me. Excuse me. Stop.
[9:00]
>> Give it to Miss Len and she will
[9:02]
distribute it
[9:03]
>> during the discussion or
[9:06]
>> your time is up. Please give it to Miss
[9:08]
Len and she will distribute it.
[9:09]
>> I will persist and hand this out. Thank
[9:12]
you
[9:14]
>> for you as well. Attorney might be very
[9:17]
interested.
[9:20]
ordinances if you like to see it. You
[9:23]
can throw it over your shoulder. Thank
[9:25]
you.
[9:43]
» Seeing no other public comment, we will
[9:45]
close the brief public comment period.
[9:47]
Uh at this time we need a um considerate
[9:50]
a motion for the consideration of the
[9:52]
meeting minutes for July 20th, 2026.
[9:55]
>> So moved.
[9:56]
>> Moved by Cutler, support by
[9:58]
>> Yes, sir.
[10:02]
» Any other changes, comments?
[10:05]
All those in favor say I.
[10:06]
>> I.
[10:07]
>> All those opposed? Motion passes.
[10:09]
Conflict of interest. Does anybody have
[10:12]
a uh conflict of interest for any agenda
[10:14]
item
[10:16]
on tonight?
[10:18]
Seeing none, we'll move to item 6A, new
[10:21]
business. This is a public hearing in
[10:23]
consideration of a special land use for
[10:24]
a homebased business called Platinum
[10:26]
Ponds. Special use enables a larger sign
[10:29]
in the RR zoning district. Applicant is
[10:31]
Ryan Parno, address 5380 with a parcel
[10:35]
412331209.
[10:38]
[snorts]
[10:40]
The applicant has asked us to
[10:43]
uh postpone
[10:45]
this item until a meeting in September
[10:48]
due to a conflict. As the public uh um
[10:53]
hearing was noticed, we will hold the
[10:56]
public hearing at this time and likely
[11:00]
at the next meeting as well.
[11:03]
So if anybody's here to speak about
[11:06]
item 6A,
[11:09]
happy to hear.
[11:14]
» Hold on. Hold on.
[11:20]
» I mean, you both can come off at the
[11:24]
same time.
[11:25]
>> Okay. Right.
[11:27]
>> Um, good evening. My name is Aaron. Um,
[11:30]
I'm a resident of Calon. I live on Farm
[11:32]
Grow Court. Uh we've lived there for a
[11:35]
decade now. Um I I I was born and raised
[11:39]
in West Michigan. Uh love Calonia area.
[11:42]
A big reason uh that we moved here is
[11:45]
the familyfriendly atmosphere. We have
[11:47]
five children. My youngest is four. Um
[11:50]
and I am here to speak and respectfully
[11:53]
request that uh the board consider
[11:56]
denying the motion. Um,
[11:58]
my backyard butts up to that property
[12:01]
and my youngest is four and I don't want
[12:03]
him to, you know, have to play in a
[12:06]
backyard with commercial business right
[12:09]
there. I I think that it goes against
[12:13]
the
[12:16]
uh the atmosphere of our neighborhood.
[12:18]
Um,
[12:20]
and uh
[12:22]
I I find it frustrating. I feel like as
[12:24]
soon as they built there, they put up
[12:26]
the sign and I believe it's more of a
[12:28]
asking for forgiveness than permission.
[12:30]
And so I would respectfully ask the
[12:33]
township to consider declining that
[12:36]
request. Thank you for your time.
[12:38]
>> Yeah. Thank you, Erin.
[12:38]
>> Thank you.
[12:46]
» My name's Christine Broberg. I live on
[12:48]
Farm Court as well. Now, the property in
[12:52]
question does not come all the way into
[12:54]
my backyard. We were caught off guard by
[12:57]
the notice because we all saw the sign.
[13:01]
Based on what I'm reading though, I need
[13:03]
more information to know what it is
[13:05]
exactly he wants. Does he just want a
[13:07]
bigger sign or are we gonna are we
[13:09]
talking about having gigantic machinery
[13:12]
in the backyard that is actually making
[13:14]
it look like it's almost like a
[13:16]
construction type business that's in our
[13:18]
neighborhood? and there wasn't enough
[13:21]
information presented yet for us to have
[13:23]
any sort of ability to research or
[13:27]
understand what it is that's being asked
[13:29]
because according to what I'm reading in
[13:31]
the agenda, it looks like he just wants
[13:32]
a bigger sign.
[13:35]
And so that's we're just looking for
[13:36]
more information before we would even be
[13:38]
able to give a proper
[13:42]
opinion on what it would what we agree
[13:44]
with or not. So that's what we're
[13:46]
looking for. at least a chunk of us.
[13:49]
>> Thank you.
[13:50]
>> All right. Thank you.
[14:03]
» Hi, thank you for um hearing my
[14:05]
comments. My name is Laura Burr. I'm
[14:06]
Aaron's wife. Um I am almost a lifelong
[14:09]
resident of Calonia. We moved to Calonia
[14:11]
when I was eight. I grew up at 491
[14:13]
Johnson in the old um Fingfinder
[14:16]
farmhouse there. Um and really have
[14:18]
lived in in Calonia outside of the time
[14:20]
that um we lived in Cleveland when Aaron
[14:22]
was in law school. Um I understand that
[14:28]
the the um the farm that's right behind
[14:31]
us sold that property um for the house
[14:34]
that was then built there. That's fine.
[14:36]
That's the farmer's prerogative to do
[14:37]
that. But, um, I I kind of, as Erin
[14:41]
said, I I it feels like they're asking
[14:43]
for more forgiveness for this zoning,
[14:47]
um, than permission because the sign's
[14:49]
been up for quite a while. The business
[14:51]
address on Platinum Pal's website is
[14:53]
listed at that location. It's already
[14:56]
listed there. So, that doesn't sound
[14:58]
like we had a business, we have a
[14:59]
business elsewhere that we're going to
[15:01]
move here. And it's been in business
[15:02]
since 2015. Um, so I don't know where
[15:05]
they were operating prior to the last
[15:08]
year or so, but um, it it just doesn't
[15:11]
feel great that that's right behind us.
[15:13]
That, as Aaron said, that affects my
[15:14]
family. That affects our property
[15:16]
values. Um, too, having a commercial
[15:17]
zoning site directly behind us. Um, and
[15:21]
Calonia has changed a lot in the the
[15:24]
years that I've lived here. Um, we used
[15:26]
to call it Cowonia affectionately when I was younger because it was such a
[15:30]
rural community. Um, and I I get that
[15:32]
the wheels of time continue to move and I'm not arguing against, you know,
[15:36]
certain in general the fact that
[15:39]
development continues to happen. Um, but
[15:42]
we don't always have to say yes. It
[15:43]
doesn't always have to happen. Um, and
[15:45]
especially on on my street when it
[15:47]
affects me directly in my backyard, I
[15:49]
would really respectfully request the
[15:50]
township um deny the the uh reszoning of
[15:54]
that property. Thank you.
[15:56]
>> Thank you.
[16:07]
Can I put a new item? Hold on.
[16:11]
>> Not in the middle of something else.
[16:16]
» Uh well, I have to close it. Um at this
[16:19]
time, we'll close the public uh hearing
[16:22]
for item 6A. Uh no action is planned on
[16:27]
that tonight. Mr. this.
[16:29]
>> Uh, new I'd like to add an agenda item
[16:32]
for discussion. Um, if I can for next
[16:36]
meeting.
[16:37]
>> Yeah, let's get that at the end.
[16:39]
>> Okay. Thank you.
[16:42]
>> I thought you meant tonight. I'm like
[16:44]
that time pass. [clears throat]
[16:49]
» Any other
[16:51]
>> um I I don't know if you want to have
[16:53]
Len do any brief introduction on it. I
[16:56]
know. Yeah, I mean we have people who
[16:58]
want to kind of know about it. So, can
[16:59]
you do the five minute quick
[17:03]
what's
[17:04]
>> Yes. And I don't have my whole file
[17:05]
here, but um the applicant has requested
[17:08]
to postpone this uh hearing item until
[17:11]
the September 21st meeting. So, he was
[17:14]
going to be out of town tonight. So,
[17:16]
requested that this continue into the
[17:18]
September date. Uh my understanding is
[17:21]
that the applicant does have an
[17:23]
accessory building on site. There are um
[17:27]
there's a dumpster he plans to keep on
[17:30]
site, he said to to enable him to, you
[17:35]
know, uh
[17:37]
dispose of items from other sites where
[17:41]
he builds ponds and pools. Um the zoning
[17:46]
inspector has been out to the property
[17:49]
because we did get a complaint about the
[17:51]
sign. So, a sign was put up. It's larger
[17:54]
than we allow in the residential the RR
[17:57]
zoning district. The only way to have a
[17:59]
larger sign is through the homebased
[18:02]
business process. Um he claims that he
[18:07]
is not conducting a homebased business
[18:09]
despite the sign being there and all of
[18:12]
the you know Google documentation and
[18:15]
research we've done that uh ties the
[18:18]
business to his home. He has materials
[18:22]
stored on the property. Um, and he has
[18:26]
provided us a plan for building his own
[18:30]
pond/pool
[18:32]
on the property and said that the
[18:34]
materials that he has there he bought on
[18:37]
discount on sale at the end of the
[18:39]
season and they're stored there for his
[18:41]
project at home. He did provide in his
[18:45]
application that he rents space for his
[18:50]
business um in Wyoming and somewhere
[18:53]
else in Kentwood where he stores
[18:56]
equipment for the business there. Um we
[19:00]
have not visited those sites. Um he did
[19:03]
mention he has two employees but he said
[19:06]
that they do not operate out of the home
[19:09]
on 100th Street. Again, we're not out
[19:13]
there at all hours of the day inspecting
[19:16]
that and verifying that. Um, that's just
[19:18]
the information that we have today. Um,
[19:22]
so the purpose
[19:25]
is, you know, whether whether we grant a
[19:27]
homebased business there is is number
[19:30]
one. And if he has a homebased business,
[19:33]
then this uh special use because
[19:36]
homebased business is a special use that
[19:40]
you can also consider a bigger sign. I
[19:43]
don't think we could just allow a bigger
[19:45]
sign unless we say yes to the homebased
[19:48]
business too, right? They go together.
[19:50]
Um so that's the information we have
[19:52]
today. Um, we can provide any other
[19:57]
packet information for neighbors. Um, if
[20:01]
you stop by our office or send an email,
[20:04]
we can we can share that with you. Um,
[20:07]
but that's what I have. I think the rest
[20:10]
of it we will look at um in September.
[20:16]
» All right, Christine, if you want to
[20:19]
grab that from Miss Len at some point.
[20:23]
Um, it's just the application so you can
[20:25]
actually read it. Um, all right. At this
[20:28]
time, I will make a motion to I've
[20:31]
learned postpone
[20:34]
um item 6A
[20:36]
>> until the September
[20:38]
what meeting?
[20:40]
>> 21st meeting.
[20:41]
>> Motion to postpone item 6A to the
[20:44]
September 21st meeting per the
[20:46]
applicant's request.
[20:51]
supported
[20:54]
>> motion by Bradshaw, support by Visser.
[20:56]
Any further discussion on this?
[20:58]
>> All those in favor of postponing say I.
[21:01]
>> All those opposed, motion to postpone
[21:04]
pass.
[21:05]
>> All right. The data center ordinance we
[21:09]
have in front of us. I'm assuming
[21:10]
everybody has read through it. I have
[21:13]
seen a lot of red marks. Um I think
[21:17]
we'll just start right into the red
[21:18]
marks. Miss Len, I think that's the
[21:20]
easiest thing.
[21:21]
>> Sure.
[21:21]
>> To do it.
[21:23]
>> Um
[21:24]
so
[21:26]
>> also, Mr. Chairman, just go ahead. Our
[21:28]
attorney Ross Leman is here
[21:30]
>> um to provide support and some guidance
[21:34]
and best practice. He's been working
[21:36]
with other municipalities in uh northern
[21:40]
county also on this topic of the data
[21:43]
center. Um, our draft is modeled after
[21:47]
draft ordinances that uh, Ross and his
[21:51]
team have been working on in um, a
[21:54]
couple other communities similar to
[21:56]
Calonia Township. I did provide Ross
[21:59]
with an overview and the minutes from
[22:02]
previous discussions from planning
[22:04]
commission. Um, I know at our last
[22:07]
meeting we talked about buffering and
[22:11]
um, sound panels. That was the topic. Uh
[22:15]
the the difference between I1 and I2 and
[22:19]
whether this use could or should be in
[22:22]
I2 versus I1. Um there were questions
[22:26]
related to decommissioning.
[22:29]
There were questions and concerns about
[22:31]
battery fires and so I had him look at
[22:34]
that in our code as well as utility
[22:37]
upgrades and extensions. And so, um, he
[22:41]
did look at those items. He can speak
[22:44]
further on that. Um, but I know that you
[22:47]
also have things you want to talk about.
[22:49]
And so, now is a great time for us to
[22:51]
utilize his expertise
[22:54]
um, for the conversation today.
[22:56]
>> Great.
[22:57]
>> Yeah.
[22:57]
>> Thank you, Ross. Um, so, let me start
[23:00]
off. There's [snorts] there's really two
[23:03]
ordinance sections. There's the 3.61
[23:06]
and the
[23:10]
Sorry, the 16.55.
[23:13]
>> Correct.
[23:14]
Yes.
[23:15]
>> 3.61 is by right. 16.55 is special land
[23:19]
use. Correct.
[23:20]
>> Yep. Chapter 16 is our special land use.
[23:23]
Section 3.61 is is our general
[23:26]
provisions and general provisions apply
[23:29]
to any uh any use in any district if if
[23:34]
it's applicable.
[23:35]
>> Um. Yep.
[23:37]
>> All right. So,
[23:39]
Mine is just I focused on the
[23:42]
differences between the two sections
[23:43]
that were conflicting
[23:46]
>> that that needs to be addressed. Um and
[23:49]
I can pass these notes later. Um
[23:53]
uh 3 point the first note I have is 3.61
[23:58]
limits digital mining operations to 9
[24:00]
to5 but 1655 does not repeat that um and
[24:06]
allows us to set
[24:08]
Um that
[24:10]
and
[24:12]
in 361
[24:14]
there's a we need to cl my opinion we
[24:17]
need to clarify whether the fix section
[24:20]
3.61 digital mining hours apply to
[24:22]
medium scale and hypers scale digital
[24:25]
mining special land uses whether 1655
[24:28]
allows different approved op there's an
[24:30]
operating hour issue. On a more
[24:34]
interesting note, um if the high utility
[24:39]
usage is during the daytime hours,
[24:42]
so if the confliction is if if the
[24:46]
there's two conflictions going on. Um
[24:49]
one, we want to have the noise during
[24:50]
the day, but then on the flip side,
[24:55]
um why you're looking at me?
[24:58]
>> I just don't feel like I have the same
[24:59]
paper that you do. I printed it off from
[25:01]
online.
[25:02]
>> Okay. So that's probably why. [laughter]
[25:06]
>> Um, so we want we want the noise during
[25:09]
the day, not at night, but the electric
[25:11]
usage
[25:13]
in general is higher
[25:16]
>> to the grid during the daytime than it
[25:18]
is at night. So I just question the
[25:22]
hours and what we're trying to
[25:23]
accomplish and make sure we have
[25:25]
consistency
[25:26]
>> between the two.
[25:30]
Um in the 1655
[25:34]
um there's some setback issues that
[25:37]
conflict with 3.61
[25:39]
that we just need to make sure that
[25:42]
we have those
[25:47]
um in alignment that we have.
[25:49]
>> Do you have like page numbers? I can't
[25:50]
keep up with
[25:59]
Sorry, I had to summarize it a lot
[26:01]
because it's all over the place because
[26:03]
they're in two different spots.
[26:05]
>> So, there's setbacks on page five.
[26:07]
>> Yep. Setbacks are on five and then again
[26:10]
they are on page
[26:16]
» I mean the the solution isn't to solve
[26:18]
it tonight. It's just to point out that
[26:20]
there's
[26:21]
>> and page 10
[26:23]
>> and 10.
[26:28]
» So we have 1,000 ft and 500 ft.
[26:32]
Um
[26:38]
but we need to understand if in 361 if
[26:42]
it is different.
[26:46]
Um
[26:50]
there's a I believe an incorrect cross
[26:53]
reference in 361 because it refers to
[26:56]
339 C and D. Um
[27:00]
which may not be the right cross
[27:01]
references. [snorts]
[27:04]
Um
[27:06]
1655 prohibits
[27:08]
trying to get there for you Tim. um
[27:11]
private wells
[27:15]
um for general cooling or processing
[27:18]
purpose. And 361 just requires a
[27:22]
disclosure of the water source and
[27:23]
cooling method without prohibiting
[27:25]
private wells.
[27:31]
You follow me? I know.
[27:42]
Okay.
[27:43]
>> Um
[27:49]
1655
[27:52]
requires a connection to public water
[27:54]
that allows alternative water and sewer
[27:57]
facilities if water water usage is low
[28:00]
water usage is demonstrated.
[28:03]
361 requires a disclosure and analysis
[28:06]
of the water supply but does not require
[28:08]
public water and sewer
[28:11]
connection.
[28:15]
Um then the issue of noise
[28:19]
um which was brought up um
[28:24]
they're not aligned
[28:27]
um as to how between the the two
[28:30]
sections.
[28:32]
Um
[28:34]
361 requires
[28:36]
water cooled systems to use the closed
[28:39]
cooling system. 1655 adds that open
[28:42]
evaporative cooling towers are
[28:44]
prohibited. So in 1655 it's prohibited
[28:48]
but 3.61 it's not specifically
[28:51]
prohibited.
[28:53]
Um
[28:54]
>> so the special land use is only for the
[28:57]
h the not all of these go to special
[29:01]
use. Right.
[29:02]
>> Right.
[29:03]
But if we're going to have stringent
[29:06]
requirements, they should be
[29:09]
matched up. Like if we're going to not
[29:11]
allow
[29:13]
cooling towers,
[29:15]
>> per se,
[29:16]
>> why do we allow it in a special land use
[29:19]
or vice versa?
[29:21]
>> Yeah.
[29:24]
Um
[29:33]
361 requires operational equipment to be
[29:37]
located within uh cooling and power
[29:40]
generation to be located in an enclosed
[29:43]
building or structure and less weigh.
[29:46]
1655 requires roof mounted equipment to
[29:49]
be screened on four on four sides.
[29:52]
Clarify whether the roof mounted may
[29:54]
remain outside in a closed building if
[29:56]
screened or whether they should not be
[29:59]
um
[30:05]
battery. There seems to be a confliction
[30:08]
in the
[30:10]
NFPA
[30:13]
um requirements.
[30:17]
Um 1655 doesn't expressly reference NFPA
[30:21]
855.
[30:26]
Um
[30:31]
annual inspections.
[30:35]
um
[30:40]
requires an agreement for that that's
[30:43]
reimbursed.
[30:45]
Um
[30:50]
and clarify 1655 is the annual
[30:53]
inspection and reimbursement
[30:54]
requirements and check 3.61 for
[30:58]
periodic.
[31:00]
One's annual, one's periodic.
[31:02]
Do we want to have them
[31:04]
Again, I'm not advocating for a change.
[31:06]
I'm just saying there's a difference
[31:07]
between the two. Do we want annual or do
[31:09]
we want periodic? And is periodic fine.
[31:14]
>> All right, that's all I have. Just
[31:16]
differences between the two.
[31:22]
Pass that.
[31:23]
>> You might need it for conversation. I
[31:25]
don't think you want to give it away
[31:26]
yet.
[31:30]
» Um
[31:33]
Okay, that was a lot.
[31:35]
>> Yeah.
[31:36]
>> So, the what I'm hearing is the
[31:39]
clarification between what's required
[31:42]
and the general provisions for all all
[31:46]
of these uses at whatever scale like
[31:49]
small, medium, hyper versus what we have
[31:53]
in the requirements for special use
[31:56]
standards where we treat the hyper scale
[32:00]
and medium scale.
[32:03]
Do we want to have separate or do we
[32:05]
want them to be the same requirements
[32:09]
>> because it's we seem I mean you're going
[32:12]
to have the same
[32:14]
equipment maybe just not the same
[32:16]
quantity of equipment.
[32:17]
>> Right. Right.
[32:19]
And in your mind are you feeling like no
[32:22]
matter how small, large, hyper,
[32:26]
it should be consistent?
[32:28]
>> Yes.
[32:29]
>> Okay.
[32:31]
>> Consistency is much easier to
[32:35]
um a quantify and b there's no well I
[32:40]
thought this I thought that at a later
[32:43]
point in time
[32:45]
and I read in one of the comments that
[32:47]
even the small scale five megawatt um
[32:54]
at least in the account here is that
[32:56]
it's sufficient power
[33:00]
sufficient to power 750 homes
[33:04]
for one megawatt. So a 5 megawatt no
[33:08]
exponential yeah 3 to 4,000 homes
[33:18]
and their opinion is that not no data
[33:21]
center project regardless of megawatt
[33:23]
size should be allowed as a use by
[33:25]
right.
[33:27]
So that's a, you know, back to you as a
[33:30]
planning commission. Would it, do we
[33:33]
even want to have any of them be by
[33:37]
right or just move them all to special
[33:39]
land use?
[33:44]
» I just have a question here.
[33:46]
>> Going back to section 8.4,
[33:50]
looks like there's been an addition. It
[33:53]
says building size. We did add something
[33:55]
on building size. Yes.
[33:57]
>> Okay. So, 20 thou 200,000 square feet.
[34:01]
That's four acres. Just a little over
[34:04]
four acres.
[34:05]
Then the minimum lot size has to be 40
[34:08]
acres. Is that right? So, that's a 10%
[34:10]
coverage ratio. And the max that they
[34:13]
can do, it's got a building height, so
[34:16]
of 25 ft. So, you got a million cubic
[34:18]
feet.
[34:20]
Um,
[34:22]
I don't know. I just I think that should
[34:24]
do it. I mean, nobody's going to come
[34:26]
here and do that project.
[34:28]
[laughter] That should about wrap it up.
[34:30]
I mean, as far as I'm concerned,
[34:35]
make it you can make it as of right. You
[34:37]
can, you know, make [clears throat] it
[34:40]
special land use permit. It's done. I
[34:42]
mean, you just you add that to it and we
[34:47]
ain't got to deal with anything.
[34:48]
>> I mean, at the end of the day, again, it
[34:51]
goes to consistency.
[34:53]
special eight section 8 like you said in
[34:56]
the by right you know
[34:58]
>> I'm just telling you that practically
[34:59]
speaking it don't matter
[35:01]
>> I understand
[35:03]
>> yeah so
[35:12]
» yes
[35:14]
>> sorry I can't see your eyes
[35:16]
>> um page two under um item number nine
[35:19]
medium scale data center um goes
[35:23]
megawatt and 99.
[35:26]
Should we take that up to 100 so that
[35:29]
it's we have consistency between
[35:33]
um
[35:34]
the different sizes? We don't have hole
[35:36]
in the middle of it.
[35:37]
>> Yeah, it's not 99.5.
[35:39]
>> Yeah.
[35:40]
I saw that too.
[35:43]
>> It should be up to
[35:45]
>> 100
[35:49]
more there.
[35:50]
>> Yes. And that's consistent within item
[35:53]
number 12.
[36:10]
So I do have a question on the digital
[36:12]
mining as to why we're treating that
[36:15]
separately.
[36:17]
Um
[36:20]
because Some kid could be doing that in
[36:22]
his house. Are they now,
[36:26]
>> you know, under that ordinance?
[36:30]
>> Yeah, go ahead.
[36:30]
>> I I can comment on that if you want.
[36:32]
>> Yeah, please.
[36:33]
>> Um, so digital I'm not an engineer. Uh,
[36:37]
but um what uh we've been hearing out
[36:41]
there a lot is that actually the noisy
[36:43]
ones like the guy said he went to that
[36:45]
was really noisy. often that ends up
[36:47]
being the digital mining that there's a
[36:50]
big big noise difference with the
[36:52]
cooling that's required in the fans and
[36:55]
that between digital mining and regular
[36:57]
data centers. So that was actually one
[36:59]
thing I was going to note when you were
[37:01]
talking about noise uh that as these
[37:03]
ordinances have developed is they've
[37:06]
even made um greater treatments and
[37:08]
distinctions of digital mining versus
[37:10]
other data centers because other data
[37:12]
centers tend to be quieter. Uh and so
[37:16]
for example, one thing you could
[37:17]
consider is saying all digital mining
[37:20]
shall occur only in small scale or
[37:23]
medium scale and not on a hypers scale
[37:25]
basis. That is just too much. So that
[37:28]
that's why digital mining is referred to
[37:31]
differently. And again, I'm not an
[37:32]
engineer, but that's been something
[37:35]
fairly consistent um that you want to be
[37:39]
more restrictive and take extra steps
[37:41]
because digital mining is noisier.
[37:47]
But if I'm
[37:49]
buying server time,
[37:53]
you know, in the in the data center, I
[37:57]
can use it for
[38:00]
when I'm using I mean, I might use it
[38:02]
for digital mining and people might not
[38:04]
even know.
[38:06]
>> Yeah. It's just not as efficient. Right.
[38:08]
>> Right.
[38:09]
>> I mean, that's the problem is like the
[38:11]
chips, you know, it's like a Nvidia chip
[38:14]
and just takes more cooling load than
[38:17]
the other like a server. So you could mine crypto uh colo server.
[38:23]
>> Right.
[38:23]
But it's not you know
[38:26]
>> it's not going to pay. It just doesn't
[38:27]
make sense. So people just don't do it.
[38:29]
And so they do this because you know
[38:32]
they get more processing power per
[38:33]
kilowatt.
[38:35]
>> Yeah.
[38:36]
>> But policy you could take it out. You
[38:38]
could say we're just going to regulate
[38:39]
data centers and we're not going to
[38:41]
distinguish it. That's the reason
[38:43]
>> that I've heard and that we've been
[38:46]
putting into different ordinances is
[38:48]
because of the no different in noise
[38:50]
level.
[38:52]
>> So if it's
[38:56]
and maybe I missed it if it's a digital
[39:00]
mining
[39:03]
do we have
[39:06]
noise requirements
[39:08]
and I missed it. While we're digital
[39:11]
mining are
[39:13]
>> we're using the same for digital land
[39:16]
>> right
[39:16]
>> data centers
[39:17]
>> correct
[39:22]
» so it should be like the lesser
[39:25]
noise like not more noise but the one
[39:29]
requiring less noise.
[39:37]
» Yeah.
[39:39]
Are you guys in in your experience are
[39:42]
there
[39:44]
like are they putting more cell towers
[39:45]
or any sort of digital like data
[39:47]
transmission stuff like alongside or
[39:50]
next to or you know with data centers at
[39:53]
this point in time? Is there any
[39:55]
progression towards that
[39:57]
like microwave towers you know any like
[40:00]
a cell tower that would basically hook
[40:02]
that directly into a data center?
[40:05]
>> Uh I've not run into that. There's been
[40:07]
a lot of talk about um energy generation
[40:10]
affiliated with data centers, you know,
[40:13]
and you know, whether they're going to
[40:15]
have um whether they're going to grab it
[40:17]
all off the grid or if they're going to
[40:19]
have um well, you already have it where
[40:20]
your generators have to be for non
[40:24]
generation. But if you could have solar,
[40:26]
you could have wind, you could have
[40:27]
diesel,
[40:28]
>> um you know, different on-site
[40:30]
generation type thing. And they tend to
[40:32]
want to locate them by substations and
[40:35]
other things like that. I've not heard
[40:37]
much about um uh cell towers, but I
[40:42]
would think if it would come then your
[40:44]
general cell tower regulations would
[40:47]
apply just like probably right now the
[40:49]
way it is. If somebody comes and wants
[40:51]
to do a solar project with it, you
[40:54]
probably have to meet all your solar
[40:56]
regulations in addition to the data
[40:58]
mining ones
[41:00]
or or the data center and the digital
[41:02]
mining. I was going to comment on your
[41:05]
comment about um the different
[41:07]
standards. Um the reason for that um is
[41:13]
the thinking behind that is you have a
[41:15]
general section just like you do for
[41:16]
accessory buildings or something like
[41:18]
that that provides your base regulations
[41:21]
and that that primarily is dealing with
[41:25]
um small scale and accessory and
[41:27]
anything that would fall between the
[41:28]
cracks. And so those tend to be more
[41:31]
consistent with the regulations that you
[41:33]
do for other businesses. Um and and
[41:36]
actually maybe one thing you might want
[41:37]
to do is lower the I guess I've not
[41:41]
heard it that that a 5 megawatt data
[41:44]
center will power thousands of homes.
[41:46]
>> Uh but I have heard that you know it
[41:48]
does more. But the idea is that the
[41:50]
small scale and the accessory are more
[41:54]
similar to other businesses and so they
[41:56]
would be treated more consistently with
[41:58]
other businesses. And that your medium
[42:01]
scale and your hypers scale then have to
[42:03]
come in for special land use. And so
[42:05]
they have um a lot of additional
[42:08]
requirements that aren't necessarily
[42:10]
reasonable if somebody's coming in, you
[42:13]
know, to do something that's similar to
[42:15]
a different business that you wouldn't
[42:17]
require that for. But I also have seen
[42:20]
uh and have done it for townships that
[42:23]
would prefer to make all of them special
[42:25]
land uses. Just say if you're doing
[42:27]
anything data centerwise, it's a special
[42:29]
land use period. Um so that's and and
[42:32]
the way you would do that is you the
[42:34]
same structure, but you would just have
[42:36]
a general section defining it. And then
[42:40]
um say if you want, you know, to
[42:41]
actually get it approved, you got to
[42:43]
come in for special land use.
[42:46]
So that that is if you like that model
[42:49]
better, you can do it. It's it's fairly
[42:51]
similar. But the idea of this is to
[42:54]
provide,
[42:55]
you know, some distinguishing
[42:56]
characteristics for things that might be
[42:59]
more consistent. Whereas the medium
[43:02]
scale and hypers scale are kind of
[43:04]
things of their own.
[43:08]
>> It's almost I don't know like you have
[43:11]
the accessory data center is
[43:14]
at someone's data center at their
[43:16]
business type of level and then we have
[43:21]
the other the small medium large
[43:24]
extra large
[43:28]
the general maybe cover just accessory.
[43:36]
» Um, if I can chime in to Don's question.
[43:39]
So, when switch first went in, whatever
[43:42]
it was, 13, 14, 15, long time ago. Um I
[43:47]
was the city engineer at Kentwood at the
[43:49]
time and it's not necessarily your
[43:52]
question was more about like cell towers
[43:54]
and um through the air transmission but
[43:57]
every fiber provider that I think exists
[44:00]
in Michigan put fiber in along East
[44:02]
Paris. So East Paris is either somewhere
[44:05]
between a three and five lane road
[44:07]
depending on where you're driving. But
[44:09]
when it comes to fiber infrastructure
[44:11]
it's like 131. It's the super highway.
[44:13]
there is so much data running north and
[44:15]
south and I think that 60th is similar
[44:19]
but that wasn't under my permitting
[44:20]
jurisdiction for like an east west
[44:22]
route. Um so yes there's lots of other
[44:27]
implications to move all of that data to
[44:29]
get it to and from you know building in
[44:31]
the center.
[44:37]
» Um and I guess
[44:39]
>> want to continue to have the floor. Um,
[44:42]
I'm going to try to go through mine like
[44:44]
page number and section and just kind of
[44:47]
work through it. That works better for
[44:49]
me to follow along. So, my first comment
[44:52]
is on page four, uh,
[44:56]
section
[44:59]
I guess C10
[45:03]
D
[45:05]
six. It's a big uh jump down, but it's
[45:11]
just that a community impact analysis is
[45:14]
required. That's not really defined
[45:15]
anywhere in the draft ordinance. And
[45:18]
generally, I just find that to be vague,
[45:20]
like what what are we looking for? So,
[45:23]
let's be a little bit more clear on what
[45:25]
that is and what we want.
[45:28]
Um
[45:28]
>> I'm thinking schools um public safety
[45:37]
traffic management construction.
[45:44]
» Okay.
[45:47]
>> It is.
[45:47]
>> I think so. Okay. Well, maybe I didn't
[45:50]
catch it because I kept reading. Yeah.
[45:52]
>> Um
[45:54]
>> I keep going in that same section. And
[45:58]
um item number nine, a detailed
[46:01]
emissions and air quality impact
[46:03]
analysis including backup generator
[46:05]
usage. And in my, you know, again, I'm
[46:10]
not an expert in these things yet,
[46:12]
getting a little bit better every month.
[46:13]
But I feel like we need to include
[46:15]
temperature changes at discharge.
[46:18]
From the reading I've done, it sounds
[46:20]
like depending on scale, especially
[46:22]
hypers scale data centers, they kind of
[46:25]
make small heat islands. And depending
[46:27]
on which way the wind blows, now it's a
[46:30]
few degrees warmer at your property all
[46:31]
the time because of the heat that's
[46:33]
coming off these things.
[46:36]
Um,
[46:38]
continuing on that same page at the
[46:40]
bottom of page four, talking general
[46:43]
regulations and noise levels sub I, we
[46:47]
talk about the maximum overall noise
[46:48]
limit shall be 60 dva during daytime
[46:51]
hours and 45 dva during nighttime hours,
[46:55]
which are 1000 p.m. to 7 a.m. at the
[46:58]
property line. Um,
[47:01]
I'm a nerd. I volunteer and do the
[47:03]
soundboard at my church. We have a
[47:05]
little meter because we want to make
[47:07]
sure that it's not too loud for people
[47:08]
while they're singing the songs and that
[47:10]
the pastor isn't too loud with his
[47:13]
microphone. So 60 is kind of 65 is like
[47:18]
the target for when the pastor's
[47:20]
speaking and the music is closer to 80.
[47:23]
Um I feel like 60 even during the day is
[47:27]
way too high. Like
[47:30]
that's how can that be okay at a mall to
[47:33]
constantly have background noise this
[47:35]
the volume of a conversation at your
[47:38]
home. I can't get the yes. Um so I feel
[47:42]
like we need to look at something lower
[47:45]
whether that's 55 or 50. I I don't know
[47:48]
what's a more reasonable threshold but
[47:51]
60 seems very high.
[47:54]
Um
[47:58]
Continuing to the top of page five, sub
[48:00]
item two. I feel like maybe we should
[48:04]
define daytime hours to be 8:00 a.m. to
[48:07]
5:00 p.m. It's been a long time since I
[48:10]
had little kids, but um even this time
[48:12]
of year back when they were little, they
[48:14]
might already be in bed at 7:30 and I
[48:17]
don't want them to wake up if they're
[48:19]
already in bed. So, and sometimes in the
[48:21]
summer it's light out till 9:45. So,
[48:24]
let's be specific.
[48:27]
Um,
[48:30]
sub item three, right below that,
[48:33]
if they're not complying with the
[48:35]
ordinance, what are our tools in the
[48:37]
toolbox? Do we go out there with a
[48:40]
decibel meter and say, "Well, geez, it's
[48:43]
65 dB at the property line. We just
[48:46]
write them a municipal civil infraction
[48:48]
ticket for $75 or whatever that is
[48:51]
allowed to be. [clears throat]
[48:54]
How do we police this?
[49:00]
Um, that's everything that I have on
[49:02]
page five. Got some little minor
[49:07]
spelling things on other pages. I'll
[49:09]
skip those.
[49:11]
Um,
[49:16]
must be page seven. Yep. At the bottom
[49:19]
of page seven under safety talks about
[49:22]
the equipment used in any data center or
[49:24]
digital mining use shall be house
[49:25]
nanometered electrically grounded blah blah and it needs to resist an
[49:29]
internal electrical fire for at least 30
[49:31]
minutes. I am not an expert in the fire
[49:33]
code but 30 minutes for a building of
[49:36]
that magnitude and risk and danger seems
[49:38]
super small. Um residential homes are
[49:41]
usually one hour if it's an apartment
[49:43]
complex with you know multi-use
[49:46]
dwelling. There's a lot of two-hour
[49:47]
rated walls. I'm just not understanding
[49:49]
how we're 30 minutes for a data center.
[49:53]
>> And just to pause there because I had
[49:56]
flagged this one. I don't understand.
[49:59]
You shall be housed in a metered
[50:04]
um metal in case I don't know what a
[50:08]
meter metal enclosure is.
[50:10]
>> Yeah, I I assume it's metering power in
[50:12]
and out, but
[50:14]
[laughter]
[50:18]
Yeah, take the meter out of there. I
[50:21]
don't think it Who's paying for it?
[50:26]
» It was It That's small minor, but it's
[50:32]
» um I think I only got a couple more. So,
[50:34]
almost done. top of page eight under sub
[50:37]
item four, right before item 15, it just
[50:40]
talks about
[50:43]
uh any applicable local, state, or
[50:46]
federal laws, rules, or eight
[50:47]
regulations. I I don't know what the
[50:49]
eight regulations are.
[50:52]
>> Okay.
[50:56]
So, I think that's a typo.
[51:01]
I think it's code section 8 is the
[51:03]
player code if I remember right, but I
[51:05]
might have it wrong.
[51:08]
>> Uh toward the bottom of page eight under
[51:11]
decommissioning requirements sub item
[51:13]
one, a financial guarantee bond or
[51:15]
escrow shall be required to ensure
[51:17]
adequate funds for decommissioning. Feel
[51:19]
like we need to add as determined by the
[51:22]
township and
[51:25]
even that makes me a little leery. um
[51:29]
you know, how are we going to accurately
[51:31]
understand the cost of what it's going
[51:33]
to take to knock this thing down or
[51:37]
decommission it so that it can be re
[51:39]
reused to be something else potentially.
[51:42]
Um
[51:43]
there's a lot of complexity to that and
[51:47]
that would be hard for me to try to
[51:49]
guess at the right number.
[51:54]
» Perhaps hire somebody from Consumers
[51:56]
Energy. Well, then it's free.
[52:01]
Be like, "Oh, yeah. Volunteers will be
[52:03]
out tomorrow."
[52:07]
Um,
[52:09]
and then I just said there's a lot of
[52:11]
like little tab indentation
[52:14]
typo things that I felt like on page 14.
[52:17]
And
[52:20]
that was my main comments,
[52:23]
but I think
[52:25]
we've made good progress from the first
[52:27]
time we had a draft ordinance. I feel
[52:29]
like we still have a lot of progress to
[52:31]
continue to make. This is really complex
[52:33]
and important. Um, and we want to make
[52:37]
sure that we're happy with it before
[52:38]
it's done.
[52:42]
» Yeah, because we have time to get it
[52:43]
right.
[52:48]
» Do we have something in here about the
[52:49]
architectural standards, too?
[52:52]
We already have architectural standards
[52:54]
in the ordinance for industrial
[52:56]
buildings. So they would have to conform
[52:58]
to that.
[52:59]
>> Okay.
[53:00]
>> That's in general.
[53:01]
>> Do we want them to conform to
[53:04]
is this is this I guess structurally
[53:07]
speaking is this coming down as a
[53:09]
subpart of industrial or are now we
[53:12]
setting up basically an entirely
[53:14]
different
[53:16]
zoning district which is for data
[53:18]
center. We're not doing that. So it's
[53:19]
under industrial. Okay.
[53:21]
>> Correct. Right now it's light
[53:23]
industrial.
[53:24]
>> What if we put it under office?
[53:26]
>> We don't have an office district. We
[53:28]
have light industrial, heavy industrial.
[53:32]
>> We have commercial.
[53:34]
>> Well, what do we what do what do we do?
[53:36]
All the architectural standard work
[53:39]
is for it's in general provisions and we
[53:42]
regulate it for commercial, office,
[53:44]
industrial.
[53:46]
>> Okay. So any any use in industrial would
[53:48]
have to conform to the architectural.
[53:51]
>> Okay. Which then and that's the ones
[53:52]
that we just did two months ago we
[53:54]
finalized with industrial architectural
[53:56]
standards. Correct. Correct.
[53:57]
>> Okay. Cool.
[53:59]
>> Yeah. So that's like
[54:02]
>> that stack.
[54:04]
Yeah. Right.
[54:05]
>> So this is like that jigsaw that we're
[54:07]
piecing together.
[54:08]
>> So they have to meet all those
[54:09]
architectural standards as well.
[54:11]
>> Correct.
[54:15]
along with the height and the square
[54:17]
foot and lot coverage and
[54:20]
>> they'll be they'll they'll be all right
[54:22]
with all that.
[54:22]
>> Yeah.
[54:28]
» Mr. Mlan,
[54:30]
did we beat it up or do you have
[54:31]
>> You did good.
[54:38]
What is the feeling about I think we
[54:40]
still need to talk about whether we move
[54:42]
these all into special use. I think
[54:45]
there's also that question we want to make
[54:50]
you to decide are we keeping it all in
[54:54]
the light industrial where it is today
[54:59]
or there was a question about moving it
[55:02]
into heavy industrial. I shared We only
[55:05]
have one parcel heavy industrial. It's
[55:08]
where the concrete plant is. It's
[55:10]
smaller than 40 acres already used by
[55:15]
someone. Um
[55:17]
so there's that concern that we're
[55:19]
writing an ordinance that
[55:24]
has nowhere to go.
[55:26]
>> Exclusionary.
[55:27]
>> Correct.
[55:33]
Which, correct me, Mr. Attorney, because
[55:35]
I'm a lean engineer, exclusionary
[55:38]
ordinances are not allowed. Correct.
[55:41]
>> Uh, that's correct. Although it looks
[55:43]
like right now you're putting in your
[55:45]
light industrial and you have a lot more
[55:47]
light industrial land. Um, they don't
[55:50]
have to line up exactly,
[55:53]
but I think Len has a fair point. uh
[55:56]
uniquely to your situation that your I2
[55:59]
there's nothing available, you know, so
[56:02]
that that might be a little bit of a um
[56:04]
of an issue. Um but uh for most of the
[56:10]
digital mining data center stuff that's
[56:13]
going in,
[56:15]
um there aren't lands that large, so
[56:18]
they're going to involve reszonings, you
[56:21]
know, so it's it's kind of a blended
[56:22]
scale. Um, so anyway, but the
[56:28]
I2 district for you guys might be an
[56:30]
issue unless you're going to do some
[56:33]
changes
[56:34]
>> unless we expand it.
[56:35]
>> Yeah,
[56:36]
>> essentially is what you're saying.
[56:37]
>> Yeah,
[56:37]
>> I don't know that any of us are really
[56:39]
excited about that. Yeah, I mean I'm
[56:42]
torn because I do feel like the I2 use
[56:45]
much better aligns with the data center,
[56:47]
but I don't know that we have a desire
[56:49]
for a bunch more I2 use in the community
[56:52]
or need. So, um
[56:56]
I think it kind of is what it is with
[56:58]
the current system
[57:00]
>> and that that's kind of the dilemma
[57:02]
these things all the way around.
[57:03]
>> Yeah. in
[57:07]
um the little bit of reading I've done
[57:09]
on Selen Township, you know, they had
[57:11]
exclusionary zoning and got sued and
[57:13]
lost and had a court agreement and now
[57:16]
they have a data center that they didn't
[57:17]
want. So, I don't think that approach
[57:19]
was successful for them. I don't know
[57:21]
that that's what we want to try then.
[57:26]
No,
[57:28]
we have enough uh of uh those little
[57:32]
areas just for development
[57:37]
around here.
[57:37]
>> Yeah. We have a lot of legacy.
[57:40]
>> Yeah.
[57:41]
We prefer not to do anymore.
[57:45]
Um because under the consent agreement,
[57:48]
it's just whatever the court decides and
[57:52]
>> we live with it.
[57:55]
>> I think their buildings are 550,000
[57:57]
square feet each.
[58:02]
Yeah.
[58:04]
Um
[58:05]
>> I want to circle back to Len's question.
[58:07]
So for me um you know even five megawws
[58:12]
you know I did some googling it's
[58:13]
depends on what your overall energy your
[58:16]
average house uses but it's anywhere
[58:18]
from 800 to 5,000 homes and you know
[58:21]
that's half of our community. So to me
[58:24]
that's absolutely a special land use if
[58:26]
you're using that much power even if
[58:27]
you're a little one. So personally I
[58:30]
would say all data centers should be
[58:32]
special in uses in mind.
[58:36]
>> I I like that as well because we can
[58:39]
like consolidate it all into one spot
[58:43]
and not have general and specific. It's just
[58:49]
specific.
[58:50]
>> Yeah. And then I I mean I do think we
[58:53]
need to address the accessory data center so we're not
[59:00]
um excluding that. But I also think that
[59:05]
the accessory data center with uh you
[59:08]
know power up to 5 megawws is a little
[59:12]
larger than an accessory
[59:16]
as well.
[59:19]
» Um I guess the question for me would be
[59:22]
how would we know if something were
[59:26]
accessory
[59:28]
would be
[59:30]
you said it's associated with a business
[59:38]
» well I mean just going by the definition
[59:40]
where it says a data center that is
[59:43]
ancillary to the principal use of a lot
[59:46]
parcel which is typically used solely to
[59:49]
store otherwise support an individual's
[59:51]
business data and technology needs,
[59:54]
>> right?
[59:57]
» I mean, policing it's easy because when
[1:00:01]
we get the the plans, it's going to have
[1:00:04]
the
[1:00:06]
uh transformer size on it. I mean, 5
[1:00:09]
megawatts, you pretty well have to have
[1:00:13]
substation type equipment added.
[1:00:18]
>> So, it would probably
[1:00:20]
to a principal use, you know, that's
[1:00:22]
approved and we have a site plan for it.
[1:00:26]
And
[1:00:31]
» yeah, I don't want to prevent somebody,
[1:00:35]
you know, from
[1:00:37]
um what's the fire protection company?
[1:00:40]
Brigade, not brigade. Who does
[1:00:43]
>> fire pros? No over in South
[1:00:47]
can't they manufacture the sprinkler
[1:00:49]
heads like if they want
[1:00:50]
>> Thank you Viking like if they want to
[1:00:53]
build you know a data center for their
[1:00:57]
business use
[1:01:01]
I mean maybe data center is not the
[1:01:03]
appropriate term for that either right
[1:01:05]
it's
[1:01:07]
>> um but we have to have some lever that
[1:01:10]
allows a business to actually
[1:01:16]
Yeah, I mean
[1:01:17]
>> network equipment.
[1:01:18]
>> I work for Kent County and I manage a
[1:01:21]
bunch of buildings and we have two data
[1:01:23]
centers in two of the 15 buildings that
[1:01:25]
I manage and those use a lot more power
[1:01:28]
than the average building because it
[1:01:30]
takes a lot to take care of moving all
[1:01:32]
that information back and forth just for
[1:01:34]
our county use.
[1:01:37]
>> Yeah. So, we don't want to restrict a
[1:01:39]
business from moving their own data,
[1:01:41]
>> right?
[1:01:47]
I you know it's that we want to have you
[1:01:52]
know I think there's a big picture we're
[1:01:54]
talking about data centers but we have
[1:01:55]
to remember we can't have unintended
[1:01:59]
consequences of
[1:02:02]
this impacting what we're not intending
[1:02:05]
it to either or vice versa
[1:02:09]
>> I guess speaking about the enforcement
[1:02:12]
question about you know sound and you
[1:02:15]
know ticketing
[1:02:19]
I'm curious are we able to have
[1:02:21]
different
[1:02:24]
enforcement thresholds or thresholds by
[1:02:27]
use
[1:02:39]
» I I would Any data center enforcement
[1:02:42]
litigation would be circuit court
[1:02:44]
lawsuits, not municipal civil
[1:02:46]
infractions.
[1:02:47]
>> But would it I mean it's got to start
[1:02:49]
with some infraction, right? Otherwise,
[1:02:52]
you know, what are we here to argue
[1:02:54]
about in court? Got to be a violation.
[1:02:56]
So, is it there's got to be some ticket
[1:02:59]
written initially to start a
[1:03:01]
>> um no you you can when you when you
[1:03:04]
enforce an ordinance, you can do a
[1:03:06]
municipal civil infraction district
[1:03:08]
court. You can always bring an action in
[1:03:10]
circuit court for an injunction
[1:03:13]
which you know sometimes you do that
[1:03:15]
with mining cases or other larger
[1:03:18]
operations. You don't do the district
[1:03:20]
court file a complaint and do the whole
[1:03:23]
thing in circuit court.
[1:03:26]
[clears throat] Can we put the like
[1:03:29]
first violation is this second violation
[1:03:31]
is that third violation tear it down. Is
[1:03:34]
that can you do that in an ordinance?
[1:03:38]
>> We already have the violations process
[1:03:42]
in our code.
[1:03:44]
>> But is that sufficient for this?
[1:03:47]
>> Yeah.
[1:04:05]
So it sounds like when we bring this
[1:04:07]
back, we want to move all of the uses
[1:04:10]
except for accessory to special use.
[1:04:13]
That would help with some of this
[1:04:15]
consistency issue. However, we are going
[1:04:18]
to have accessory data centers still
[1:04:21]
have to abide by the general provision
[1:04:23]
section which will have its own
[1:04:26]
standards. Um,
[1:04:30]
and then
[1:04:32]
I think that's the big change. And then
[1:04:35]
these other comments,
[1:04:43]
maybe we can get a better definition of
[1:04:45]
what a sizewise,
[1:04:49]
you know, uh,
[1:04:53]
what's the word again? Sorry, I lost it.
[1:04:55]
the accessory data center.
[1:04:58]
I mean, even a megawatt's way too much.
[1:05:02]
But again, I'm just guessing at that,
[1:05:06]
you know, what what is can we define
[1:05:08]
that?
[1:05:13]
» I don't know. Well, I mean I think you
[1:05:16]
say if the accessory is larger than the
[1:05:19]
five then it becomes um
[1:05:25]
» special but maybe five is too high.
[1:05:29]
>> Yeah, I I'm thinking maybe five is too
[1:05:31]
high. I mean maybe the small starts at
[1:05:34]
one.
[1:05:40]
» I mean that's a lot of power. Yeah, I'm
[1:05:43]
confident that the counties are way less
[1:05:46]
than one and we still you can there's an
[1:05:48]
energy difference in our electric bill.
[1:05:52]
>> Exactly. You know, maybe it's 500 K 5
[1:05:55]
500 KW, you know, half a megawatt
[1:05:59]
um is where the small I I think we need
[1:06:02]
to get a handle as to where the small
[1:06:05]
starts because I think small at five is
[1:06:08]
actually still quite big.
[1:06:19]
Because the utility will always say,
[1:06:22]
"Oh, we have the power and it's not
[1:06:24]
going to cost cost any money anymore."
[1:06:26]
And then they go to the public service
[1:06:28]
commission and ask for more money.
[1:06:40]
» [clears throat]
[1:06:46]
» And there's a lot of work that's gone
[1:06:47]
into it. I think we have a
[1:06:50]
quite a bit to go on it as well.
[1:06:57]
I mean,
[1:07:00]
reviewing the noise [snorts]
[1:07:02]
requirements and
[1:07:05]
um
[1:07:08]
in hours of operation, whether the noise
[1:07:10]
should be consistent.
[1:07:13]
You know, why should it be allowed to be
[1:07:16]
louder during the day than it is at
[1:07:19]
night?
[1:07:50]
Ross, do you have any other questions or
[1:07:52]
comments for us?
[1:07:54]
>> No, there's a couple other things that I
[1:07:55]
could um that day and I were talking
[1:07:57]
about that, you know, maybe some things
[1:07:59]
on that infrastructure things need to be
[1:08:01]
paid for. There are some provisions in
[1:08:03]
there, but clarify that they'll pay for
[1:08:06]
things that maybe you normally wouldn't
[1:08:08]
do and maybe the enforcability of that
[1:08:12]
is um
[1:08:16]
not part of the discussion as much as
[1:08:18]
sometimes you put it in there and
[1:08:19]
they'll pay it.
[1:08:22]
you know that if you need to upgrade
[1:08:23]
your fire equipment, if you need to do
[1:08:25]
different things and there's a
[1:08:26]
requirement in there,
[1:08:28]
>> um that you have a basis for arguing
[1:08:30]
that.
[1:08:32]
>> Um and there were a couple other
[1:08:33]
comments just that we were talking
[1:08:35]
about, but you know, um I have seen the
[1:08:39]
range of
[1:08:41]
um what's allowed as small scale go down
[1:08:43]
it seems like as these ordinances
[1:08:45]
develop over time. So just what you're
[1:08:48]
saying that they've gone they've gone
[1:08:49]
down in the kilowatts. I've also seen
[1:08:51]
them where they've done that and only
[1:08:53]
for small scale added a maximum building
[1:08:56]
size that's consistent with other uses
[1:08:58]
in that district. You know that it has
[1:09:01]
to be under this or that building size.
[1:09:05]
So, so really exactly what you're
[1:09:07]
talking about, you guys are kind of
[1:09:08]
right there on where these things are
[1:09:11]
developing.
[1:09:14]
» Yeah, I guess I would piggyback that
[1:09:16]
that's one thing that still makes me
[1:09:18]
uncomfortable is the maximum building
[1:09:19]
size being
[1:09:21]
000 square feet. I mean, I'd have to
[1:09:24]
Google how big a Costco or, you know,
[1:09:27]
Meer Super Center is, but I think it's
[1:09:29]
smaller than that. Um, and
[1:09:35]
because we don't have additional room
[1:09:38]
left in industrial, the little bit of
[1:09:43]
land that we have in the community, not
[1:09:45]
necessarily a desire to change to add
[1:09:48]
more. Um, I just feel like a building
[1:09:51]
that big is in conflict with light
[1:09:53]
industrial but we need to provide
[1:09:56]
provision for all these things and that one in particular I just can't
[1:10:01]
solve there's conflict seems too big but
[1:10:04]
we need to allow something
[1:10:10]
but you said you put that's 200
[1:10:13]
over 40 acres
[1:10:17]
» page 10 Yes.
[1:10:19]
>> Okay.
[1:10:22]
150.
[1:10:23]
>> Okay.
[1:10:24]
>> Yeah. I was going to say they're like
[1:10:27]
100 to 200.
[1:10:30]
Um yeah. So the minimum lot area is 40,
[1:10:34]
but the maximum
[1:10:36]
building you can put on it. A total of
[1:10:39]
200.
[1:10:40]
Correct.
[1:10:41]
>> Right. That's what it says right now.
[1:10:44]
>> So if you split it up into four
[1:10:45]
buildings, you 50,000 square foot
[1:10:47]
buildings.
[1:10:48]
>> I don't think That's what that's saying.
[1:10:49]
That's just saying that the maximum
[1:10:50]
building size is 200,000.
[1:10:52]
>> You could have multiple buildings.
[1:10:54]
>> No. Well, that's not how I read it at
[1:10:56]
all. I I read it as basically the
[1:10:58]
maximum
[1:11:00]
square footage under a roof to be
[1:11:03]
200,000 square feet.
[1:11:04]
>> You could have multiple roofs.
[1:11:06]
>> See, that's not how I read that.
[1:11:08]
>> It's Yeah, he didn't. He He read it. It
[1:11:11]
has a lot coverage of 10%.
[1:11:13]
>> Right.
[1:11:15]
>> Plus or minus.
[1:11:17]
>> That's the
[1:11:18]
for lot
[1:11:21]
of buildings and the total square
[1:11:23]
footage under roof per
[1:11:29]
» well it okay again to me that's how it
[1:11:31]
read so you know if we need to make that
[1:11:37]
you know more
[1:11:39]
clear
[1:11:41]
>> that you know it's a maximum 10% lot
[1:11:44]
coverage in addition
[1:11:47]
and you know, 200,000
[1:11:49]
square feet,
[1:11:51]
you know, is a total. That's what I read
[1:11:54]
it to me, too. And I And to me, that's
[1:11:57]
I mean, that's going to be pretty
[1:11:58]
protectionary. You're not going to have
[1:12:00]
any There's not a whole lot of data
[1:12:02]
center developers, I don't think, that
[1:12:06]
are going to be interested in paying
[1:12:07]
that much for dirt and then having that
[1:12:11]
kind of density. It's just
[1:12:13]
>> Yeah, because Yeah. Now, reading it the
[1:12:15]
other direction, I initially read it,
[1:12:17]
how you read it, which again goes back
[1:12:20]
to we always have to be clear on what
[1:12:22]
we're
[1:12:23]
>> saying. So, I appreciate that it was
[1:12:24]
brought up because if you take the 40
[1:12:27]
acres minus 1,000 square feet around the
[1:12:30]
outside, just winging the math, that's
[1:12:34]
30 acres. I mean, but this thing's going
[1:12:36]
to be, you know, you do this, it's going
[1:12:37]
to be set up like four knocks, right?
[1:12:39]
>> You know, where you got a building in
[1:12:41]
the very middle, it's 200,000 square
[1:12:42]
feet and you're going to have, you know,
[1:12:45]
thousand foot you know, maybe 2,000 foot
[1:12:48]
sight lines all around the building, you
[1:12:51]
know, assuming they put it in the middle
[1:12:53]
of the property, right?
[1:12:54]
>> Yeah. You don't want to see, you know,
[1:12:57]
say the 40 with a,000 acre setback or
[1:13:00]
thousand foot setback makes it 30 just
[1:13:04]
>> so I think this is all kind of
[1:13:05]
consistent
[1:13:06]
>> because we're talking about again like
[1:13:08]
all these noise type things and you know
[1:13:11]
what is because again I think you know
[1:13:13]
they have they have the right to
[1:13:16]
have noise on their own property, right?
[1:13:18]
If they wanted it, if they could put it
[1:13:20]
in a cylinder and shoot it up to space
[1:13:22]
and nobody around them could hear the
[1:13:24]
noise and it was 400 dB
[1:13:27]
to the airport and that's dangerous. We
[1:13:29]
should do that.
[1:13:30]
>> Yeah, exactly. So, I mean, so, you know,
[1:13:32]
I just I think this is consistent with
[1:13:35]
basically, again, we're trying to keep
[1:13:38]
noise, pollutants, you know, all sorts
[1:13:42]
of things from even visual you know,
[1:13:46]
offenses from omitting to the edges of
[1:13:49]
the property.
[1:13:50]
>> Well, let's pull that string and go down
[1:13:52]
that road a little bit. Um, so if we say
[1:13:56]
the minimum lot is 40 acres, let's just
[1:13:59]
start. Does anybody have a any big issue
[1:14:02]
with that?
[1:14:04]
>> Okay. Then
[1:14:07]
>> how many buildings?
[1:14:10]
>> It wouldn't matter. I think as many as
[1:14:11]
it would. Well, that's Do we care?
[1:14:17]
>> Not really. They want to put it in four
[1:14:19]
buildings or they want to put it in
[1:14:21]
>> Yeah, but you're we're saying the 200
[1:14:23]
they can do four buildings. Is that what
[1:14:24]
you're okay with? Okay.
[1:14:26]
>> Yeah. Yeah. I'm I'm
[1:14:28]
>> You want the 40 acres? No more than
[1:14:30]
200,000. No matter how if they do
[1:14:33]
>> uh 20
[1:14:35]
>> 20 buildings, right?
[1:14:37]
>> They built like Bill Gates's house and
[1:14:38]
they decide that they want to put, you
[1:14:40]
know, 15,000 feet underground and then
[1:14:43]
just have a little couple popups here
[1:14:44]
and there above the ground you know they
[1:14:47]
want to put a grass rose on them and
[1:14:48]
live like a hobbit that's fine you know
[1:14:52]
I think but they just get you know you
[1:14:55]
got they got 200,000 square feet that
[1:14:58]
they can use so I mean to me it's going
[1:15:00]
to be again economically I think it's
[1:15:03]
going to be incredibly restrictive
[1:15:05]
from an economic standpoint but I think
[1:15:07]
it you know from our you know standpoint
[1:15:10]
of trying to community, you know, what's
[1:15:13]
the public, you know, the wealth
[1:15:15]
interest of welfare. I mean,
[1:15:18]
>> reason
[1:15:21]
I I'm not disagreeing because I read it
[1:15:23]
the same way as you.
[1:15:24]
>> Yeah.
[1:15:25]
>> I just want to make sure that
[1:15:27]
>> Yeah. But it would have to be clear to
[1:15:28]
the world that, you know, it's 200,000
[1:15:31]
square feet is
[1:15:32]
>> total
[1:15:32]
>> the total developable under
[1:15:35]
>> because I'm not just calling up
[1:15:37]
>> we interpreted it differently. Correct.
[1:15:39]
Right. already amongst you know six
[1:15:42]
people here we already interpreted it
[1:15:44]
different so that can't be that can't be
[1:15:46]
the final language
[1:15:51]
see you calculating
[1:15:53]
>> yeah I just was trying to figure out uh
[1:15:56]
if a 40acre parcel was a square it would
[1:15:59]
be 1 1320 ft for each leg of the square
[1:16:04]
and if we have a th00and foot setback
[1:16:07]
frankly that's not
[1:16:10]
if it's adjacent to residential. So
[1:16:14]
>> that that is practically difficult. I
[1:16:16]
guess that so maybe we have to
[1:16:18]
reconsider that the setback 800 foot
[1:16:20]
setback. I think we need to start
[1:16:21]
looking at 60 acres or 80.
[1:16:23]
>> Yeah. I mean, maybe we increase the
[1:16:25]
setbacks. Correct.
[1:16:26]
>> The setbacks. There's nothing wrong. I
[1:16:28]
agree. There's nothing wrong with the
[1:16:29]
setback, but
[1:16:32]
>> um you know,
[1:16:35]
again,
[1:16:37]
but then we have to define total
[1:16:39]
200,000,
[1:16:41]
>> right?
[1:16:42]
>> Or whatever the number is.
[1:16:43]
>> Well, then I guess I guess it is going
[1:16:44]
to have to be larger than, you know,
[1:16:46]
physically accomplish that. And I don't
[1:16:48]
have any problem pushing say 60 or
[1:16:50]
whatever, you know, or
[1:16:54]
that's
[1:16:59]
» because you end up with a lot of green
[1:17:00]
space,
[1:17:01]
>> right? A lot of green space, which is
[1:17:03]
great,
[1:17:04]
>> right? I mean, I think we had was all
[1:17:07]
surrounded by forest or surrounded by a
[1:17:09]
mow yard or whatever they choose to do.
[1:17:12]
as long as it's been a setback and you
[1:17:15]
know you I just think you're a lot less
[1:17:17]
issues
[1:17:18]
you know like given it that space
[1:17:24]
and there is nothing saying
[1:17:28]
that they can't plant trees and stuff in
[1:17:32]
the setback correct I just want to
[1:17:35]
do we have landscape requirements that
[1:17:38]
we need to tie this
[1:17:39]
>> we reference that
[1:17:40]
>> is Is it is it enough?
[1:17:45]
I I'm not asking you an answer now, but
[1:17:47]
it's just is do we have enough if if
[1:17:51]
we're going to 60 and 1,000 square feet,
[1:17:54]
do we have enough landscaping
[1:17:56]
requirements? And is the landscaping
[1:17:58]
requirements on all sides just the road
[1:18:02]
frontage?
[1:18:04]
>> It's the same. I mean, we'd say that it
[1:18:08]
has to comply with chapter 28 and then
[1:18:11]
our new architectural standards.
[1:18:14]
Um, also have the landscaping and
[1:18:16]
buffering standards. But we do say an
[1:18:19]
additional burn offering landscaping
[1:18:21]
shall be required along any property
[1:18:24]
shared with an adjacent property that's
[1:18:26]
in a residential district.
[1:18:30]
>> What if it's not zone res? I mean, maybe
[1:18:32]
we want to change it so it's just
[1:18:36]
adjacent to any
[1:18:44]
» this is what happens. We start pulling
[1:18:45]
strings and figure out other areas of
[1:18:47]
the ordinance that we need to address at
[1:18:50]
the same time. Well, as far as having
[1:18:53]
two or three buildings, I mean, we
[1:18:55]
regulate how many buildings will go on
[1:18:57]
residential lots and every other lots.
[1:19:00]
Why wouldn't we regulate how many
[1:19:01]
buildings they can have?
[1:19:06]
I'm I just, you know, personally, I
[1:19:10]
think that's fine. I go ahead and
[1:19:12]
regulated. I just think in my mind, it
[1:19:14]
doesn't really matter too much, you
[1:19:16]
know, how many buildings they're going
[1:19:18]
to do. They're not going to put up, you
[1:19:20]
know,
[1:19:22]
10 by 10,
[1:19:24]
you know what I mean?
[1:19:27]
>> Yeah. They want to do it in large
[1:19:30]
football field type things like you see.
[1:19:33]
to switch along east Paris.
[1:19:42]
» You think you have enough to go on this
[1:19:44]
one?
[1:19:45]
>> So, yeah, increasing the area as well.
[1:19:51]
>> I'd like another to look at the land,
[1:19:53]
you know, do we need the buring, the
[1:19:56]
landscaping,
[1:19:58]
>> all that
[1:20:01]
>> that we're doing to
[1:20:04]
Yeah, maybe it's like plant they got to
[1:20:06]
plant, you know, a row of trays, you
[1:20:09]
know, four feet, four trees deep.
[1:20:25]
» Yeah. Patter.
[1:20:32]
Yeah. So I think next steps are we get
[1:20:37]
it split look at the other different
[1:20:40]
sections [snorts] that we tal you know
[1:20:42]
that we talked about talk square footage
[1:20:45]
or acreage split foot and
[1:20:50]
then you know look at some of the noise
[1:20:54]
requirements
[1:20:56]
and get another
[1:21:00]
draft, I think. But I don't I don't
[1:21:04]
think even at our the next draft is
[1:21:07]
anywhere close to the final because
[1:21:09]
we're going to want to to Mr. Bisser's
[1:21:12]
point is to make sure that we all are
[1:21:16]
interpreting it the same way
[1:21:18]
>> when it comes to it because we don't want to have our
[1:21:23]
township attorney trying to explain
[1:21:25]
that's not what we meant. when we wrote
[1:21:28]
it
[1:21:33]
» and it's a rapidly changing environment
[1:21:35]
and even 30 days from now there could be
[1:21:37]
new and better information than exists
[1:21:38]
today.
[1:21:39]
>> Right.
[1:21:41]
So, it's
[1:21:43]
I mean I think we're getting
[1:21:46]
we're farther along than where we
[1:21:48]
started, but I don't we're not halfway
[1:21:51]
through the marathon yet.
[1:21:58]
Unless others have different opinion on
[1:22:02]
that.
[1:22:05]
>> We'd like to have a good draft for you
[1:22:06]
next time.
[1:22:07]
>> Yeah, that's what we do. Just keeping
[1:22:10]
closer on it and we'll get it
[1:22:11]
eventually.
[1:22:13]
>> And I know the township is not
[1:22:15]
interested in letting the moratorum
[1:22:17]
expire without having an ordinance in
[1:22:20]
place. So that will
[1:22:26]
progress. We're moving forward and we'll
[1:22:31]
make sure that we
[1:22:33]
>> Okay. So my I'd like just some agenda
[1:22:37]
items.
[1:22:38]
>> Oh, hold on. Hold on.
[1:22:40]
>> Maybe under number nine.
[1:22:43]
>> Okay. I'm anxious. I want
[1:22:45]
>> Did you [laughter] Did you write them
[1:22:46]
down so you won't forget?
[1:22:47]
>> It's right here. No, I didn't. I didn't.
[1:22:49]
That's why I got to get it out.
[1:22:51]
>> Might want to write them down.
[1:22:54]
All right. Any other discussion on 7A?
[1:23:00]
» Thank you, Miss Len and Ross for what
[1:23:04]
you've done into it. Sorry, we're giving
[1:23:05]
you a lot more work, but
[1:23:08]
we want to get it right.
[1:23:13]
All right, at this time we will do the
[1:23:15]
public comment for five minutes for
[1:23:18]
anyone who would like to speak.
[1:23:25]
You have five minutes this time, right?
[1:23:27]
>> Correct. Okay.
[1:23:30]
Um I'd like to uh visit the uh the sound
[1:23:33]
issue had some comments on that but
[1:23:36]
[clears throat]
[1:23:37]
um the if you followed what's going on
[1:23:41]
in the country in the area of sound in
[1:23:43]
the in the
[1:23:45]
uh data centers something called infra
[1:23:48]
infrasound is the new concern.
[1:23:52]
um in the minutes or in the section here
[1:23:54]
I see references to dB the sound level
[1:23:57]
with a parenthesis that implies very
[1:24:01]
rigorously that the sound equipment that
[1:24:03]
measured that simply used the 20 hertz
[1:24:06]
to 20 kHz the human human hearing band
[1:24:10]
most of us don't come anywhere near
[1:24:11]
hearing that range but it's the area
[1:24:13]
below 20 hertz that's referred to now as
[1:24:18]
infrasound
[1:24:19]
and it's you to measure that takes
[1:24:22]
different equipment and you'll know if
[1:24:24]
you see DB with a C in parenthesis that
[1:24:27]
that's included the entire frequency
[1:24:30]
band zero to 20 kHz. Um, it has to be
[1:24:35]
addressed because they're finding now
[1:24:37]
all over the country, in fact, there's a
[1:24:38]
lot of lawsuits now popping up against
[1:24:41]
municipalities and the data centers
[1:24:43]
because there are very very identifiable
[1:24:46]
physical ailments that are now
[1:24:48]
associated with this infrasound.
[1:24:51]
Um, it's not attenuated by the usual
[1:24:55]
methods. Um, walls won't do it. In fact,
[1:24:59]
data center in South South Dakota
[1:25:01]
discovered after spending $5 million on
[1:25:04]
special sound deadening walls around
[1:25:07]
their facility that it didn't help the
[1:25:09]
infrasound one bit. It was still being
[1:25:11]
propagated. The reason for that is it
[1:25:13]
propagates through the ground as well.
[1:25:16]
Um, it can travel great distance. We're
[1:25:18]
talking miles. We're talking 5 to 10
[1:25:20]
miles. Obviously, it gets less the
[1:25:22]
further away, but setbacks probably not
[1:25:25]
going to solve that unless you're
[1:25:27]
talking setbacks, and that's not likely
[1:25:29]
to happen. Um, basically it has to be
[1:25:32]
stopped at the source and the data
[1:25:34]
centers are wrestling, the builders of
[1:25:36]
the data centers are wrestling with that
[1:25:38]
problem. Now, uh, cooling towers seem to
[1:25:41]
be what it's related to. And anytime you
[1:25:43]
got rotating machinery and the machinery
[1:25:46]
gets out of phase a little bit, you end
[1:25:48]
up it ends up producing these subsonic
[1:25:52]
uh not subsonic but sub below 10 10 or
[1:25:56]
20 hertz down into the infrared or
[1:25:59]
infrasound region. And these have to be dealt with um usually
[1:26:05]
vibrations dampers or something like
[1:26:07]
that.
[1:26:08]
essentially a new design of the cooling
[1:26:10]
towers. And if you looked at any of
[1:26:12]
these big centers, you're talking maybe
[1:26:15]
a hundred of these cooling towers and
[1:26:17]
that's contributing to this this
[1:26:19]
infrasound. Um, I've got a name of a
[1:26:23]
good video, a YouTube video that we all of us here should watch. It's called
[1:26:28]
Data Center Noise, a smarter approach to
[1:26:31]
global problems.
[1:26:33]
Um, I've got a copy of the Alageney
[1:26:36]
County, Pennsylvania noise and
[1:26:38]
vibration. They address these issues,
[1:26:41]
the sound issues in four pages in their
[1:26:44]
um their documentation. I would I would
[1:26:48]
suggest that we all go back and maybe
[1:26:49]
look at that to see because they've got
[1:26:51]
tables, they address the DBC, they
[1:26:53]
address a number of other levels of
[1:26:55]
sound, too. And uh I think for this, you
[1:26:58]
know, for the safety of the community,
[1:27:01]
uh the township and you know, we don't
[1:27:03]
want to be subject to lawsuits. I think
[1:27:05]
we need to include that in our
[1:27:08]
specifications. Make sure that that's
[1:27:10]
because that's addressed and uh and we
[1:27:13]
may have to say let's give it six months
[1:27:16]
or a year to allow that to settle out
[1:27:19]
because it has to be settled out. And uh
[1:27:22]
and I think if we don't include that um
[1:27:26]
that that's a huge oversight. So
[1:27:28]
>> and that's what you passed out, right?
[1:27:31]
>> Is is that the one from uh
[1:27:34]
>> Alagany
[1:27:37]
Delaware and
[1:27:43]
» I'm I'll check you out afterwards. It's
[1:27:46]
a It's the one from Alageney Township is
[1:27:48]
rather u
[1:27:51]
rather technical, but it may be that
[1:27:54]
that's what it'll take. And there's ways
[1:27:56]
of measuring it. Um give you an idea
[1:28:00]
just an experience of infrasound. You
[1:28:04]
remember the days when we had the Boeing
[1:28:05]
727 with the two engines mounted on the
[1:28:08]
body and the back? DC9s are the same
[1:28:11]
way. If you ever flew on a Boeing 727
[1:28:15]
and sat in the back seat, flew for very
[1:28:18]
long, when you got off, your brain said,
[1:28:20]
"Don't ever do this again." Because
[1:28:22]
those engines, the spools on the engines
[1:28:25]
would get out of sync a little bit in
[1:28:27]
terms of RPM, and you'd end up with like
[1:28:29]
a one or a two second modulation, the
[1:28:32]
engine noise, and it's just a pounding
[1:28:34]
noise. I've experienced it. I think a
[1:28:36]
lot of you probably experienced that.
[1:28:38]
It's a pounding noise. You don't hear
[1:28:40]
that noise. you hear the engine noise,
[1:28:42]
but it certainly affects your brain and
[1:28:44]
your body and uh to the point where you
[1:28:47]
don't want to do it again. So,
[1:28:49]
>> thank you.
[1:28:50]
Greg.
[1:29:06]
» Didn't really want to follow him up
[1:29:07]
because I'm such an amateur at this. It
[1:29:09]
was really informative. Um, my name is
[1:29:12]
Melissa Katie and I live in Greymore. U,
[1:29:14]
most of what I've kind of I feel like
[1:29:15]
you guys addressed a lot of the things
[1:29:17]
that I was concerned with tonight. I
[1:29:18]
just had a couple things I wanted to
[1:29:20]
just maybe go over in my notes, but
[1:29:22]
definitely want to thank you for all the
[1:29:23]
hard work and time you guys have put
[1:29:24]
into this because it is even me googling
[1:29:26]
is feels like a ton of work. Um, I did
[1:29:31]
look at in my own research today, I had
[1:29:33]
looked at the size of buildings, what
[1:29:35]
you had to address for how big a regular
[1:29:37]
size building is. Like the typical Home
[1:29:38]
Depot is only 105,000 square feet.
[1:29:41]
Davenport's biggest building over by
[1:29:43]
where this property is that we're
[1:29:44]
concerned with is 140,000. So, it is a
[1:29:47]
pretty significantly large building if
[1:29:48]
it is one single building of that size.
[1:29:51]
So, um, it doesn't technically fit with
[1:29:54]
I wouldn't think the buildings around
[1:29:55]
it, especially with the residential
[1:29:57]
which are much smaller. Um, The other
[1:29:59]
thing was the obviously I like the
[1:30:00]
restrictions on noise but from
[1:30:02]
everything I've read data centers run
[1:30:03]
pretty much the same decibels all day
[1:30:05]
every day doing the same thing. The
[1:30:07]
generators seem to be what change like
[1:30:10]
they would have to run those during
[1:30:11]
certain times but everything I've been
[1:30:12]
seeing has been that they run a constant
[1:30:16]
same hum or whatever the sound is is
[1:30:19]
going to be through the day and night.
[1:30:20]
So if there are restrictions on time
[1:30:21]
periods are how effective are they if it
[1:30:24]
runs at these same levels all the time.
[1:30:26]
Um I also done some research on that
[1:30:29]
infrasound. Um not I don't know nearly
[1:30:32]
as much about it, but I did see things
[1:30:35]
um about the negative health impacts. Um
[1:30:37]
also that when you think of it in the
[1:30:39]
terms of a plane or something that
[1:30:41]
you're on for a short period of time,
[1:30:42]
these are 247 365 of this sound coming
[1:30:46]
through. Um the National Institute of
[1:30:49]
Health has a report on that also that
[1:30:50]
it's they're thinking that it causes
[1:30:52]
cardiac issues and affects people with
[1:30:54]
autoimmune diseases just people without
[1:30:57]
health issues causing all sorts of brain
[1:30:59]
fogs and all different headaches and
[1:31:02]
different things that are coming up and
[1:31:04]
because this is such an everchanging
[1:31:06]
industry um I was reading about this
[1:31:09]
again not an expert this is just
[1:31:10]
something maybe to let you guys go do
[1:31:12]
your own research on too that they're
[1:31:14]
moving from some crypto mining to I data
[1:31:17]
centers which are then using instead of
[1:31:19]
the average 300 megawatts the same
[1:31:22]
facility would use a thousand megawatts
[1:31:24]
and so I would just have questions on is
[1:31:26]
there I don't I don't know if there's an
[1:31:27]
ability to do this but a cap at some
[1:31:29]
point or you had mentioned before about
[1:31:31]
the residents getting the costs at some
[1:31:35]
point if they're just increasing their
[1:31:37]
usage in these same size facilities at
[1:31:39]
what point the only thing I could find
[1:31:41]
is that we would have to go as residents
[1:31:43]
and look up all of the reports for usage
[1:31:46]
data uh and then compare from year to
[1:31:47]
year and that just doesn't seem like as
[1:31:50]
residents we would have much power to
[1:31:52]
really fight that and even if we did
[1:31:54]
find discrepancies where we go with that
[1:31:56]
information and who would protect us. So
[1:31:59]
I was just concerned with seeing that
[1:32:00]
they're using more and more and more
[1:32:02]
they're not like scaling down with the
[1:32:04]
advance in technology they seem to be
[1:32:06]
increasing what they can fit into that
[1:32:08]
space. Um
[1:32:11]
oh the one question I had was on the
[1:32:13]
time frame for decommissioning is that
[1:32:15]
something that could take 10, 15, 20
[1:32:17]
years or is there a specific amount of
[1:32:19]
time because that abandoned building
[1:32:20]
could just be like rotting there in the
[1:32:21]
meantime while we wait for it? Um
[1:32:23]
especially like the properties we're
[1:32:24]
talking about are so close to our
[1:32:26]
houses. You don't want animals, people,
[1:32:28]
any kind of things that come with that.
[1:32:31]
Um the moratorum, I don't know if as far
[1:32:35]
as I know, it wasn't
[1:32:38]
discussed or anything. We I'm just
[1:32:40]
wanted to support still extending that
[1:32:42]
moratorium. there's so much more
[1:32:44]
research to do and just hopefully um you
[1:32:47]
guys get the time you need to be able to
[1:32:48]
do all of the research. Um and that's
[1:32:51]
really it. I just wanted to say great
[1:32:53]
job on everything so far and those are
[1:32:55]
my little notes.
[1:32:56]
>> Thank you.
[1:33:11]
Hello. Uh, Danielle again.
[1:33:15]
Um, so I'm the one that has a
[1:33:17]
preschooler going to Dutton.
[1:33:19]
And so I really just want you to take
[1:33:21]
what these people are saying in
[1:33:22]
consideration and your school is on the
[1:33:25]
border of Gaines Township who has
[1:33:28]
Microsoft
[1:33:29]
um, trying to put in a data center on
[1:33:31]
76th and Patter. And so if you guys
[1:33:34]
could make a committee, I've been to the
[1:33:36]
school board meetings and I've talked to
[1:33:38]
them like what can you guys do to talk
[1:33:41]
with gains to make sure that you guys
[1:33:43]
are doing a great job with some of your
[1:33:44]
really specifics? Um you know numbers and enforcement and
[1:33:51]
you're on I don't know what you guys can
[1:33:52]
do across township lines but that
[1:33:54]
Patterson and 76 area. Um,
[1:33:58]
so trying to like enforce like what you
[1:34:01]
guys would like to have either working
[1:34:03]
with Gaines and Dan Wells over there to
[1:34:07]
get them to maybe modify some of their
[1:34:10]
um specific specifics um for their
[1:34:14]
ordinance update because they're trying
[1:34:16]
to work on one as well um or encourage
[1:34:19]
them to follow your numbers because you
[1:34:21]
have residents budding up next to them.
[1:34:23]
Um but just for reference, the Amazon
[1:34:25]
building I has about a 400,000 a 400,000
[1:34:29]
square foot um footing. Um it's two
[1:34:32]
stories, so it's like 850,000 square
[1:34:34]
feet, but you guys have a limit to how
[1:34:36]
tall your building can be, which is
[1:34:38]
good. Um their burm is like probably a
[1:34:41]
24 foot burm, which is a decent size,
[1:34:43]
but they don't have enough trees. So, I
[1:34:45]
definitely would update your trees and
[1:34:48]
foilage and make sure they're at least
[1:34:49]
like 10 year old trees, lots of bushes,
[1:34:51]
because they don't have enough stuff on
[1:34:53]
that wall, that BM. Um, and as you hear,
[1:34:58]
you um should consider more information
[1:35:01]
about the DBC infrasound noise. Um,
[1:35:05]
especially with the school nearby. Um,
[1:35:07]
you know, and if you have the special
[1:35:09]
education students that are going to be
[1:35:11]
in that building or just outside during
[1:35:14]
playtime or inside trying to learn, um,
[1:35:17]
that's going to probably affect them
[1:35:18]
because of how close it is. And again,
[1:35:22]
it is 247 noise. Um, it's not Monday
[1:35:25]
through Friday, 8 to 5, right? It's all
[1:35:27]
day every day. So, I'm really glad that
[1:35:29]
you are trying to have like a daytime
[1:35:32]
noise limit and a nighttime noise limit,
[1:35:34]
but we should also be addressing the
[1:35:37]
vibration noise, the infrasound DBC or
[1:35:40]
DBZ. Again, I haven't been able to do
[1:35:43]
like really good research on the
[1:35:45]
specifics of that. [clears throat]
[1:35:47]
Um,
[1:35:50]
and maybe some more. I I saw something
[1:35:53]
about following Eagle standards in
[1:35:55]
there. I'm not sure if that includes
[1:35:56]
like water retention and because they're
[1:35:59]
going to because they may have a lot of
[1:36:00]
cement, see what what they would use for
[1:36:03]
like pesticide usage. I'm sure you have
[1:36:05]
rules about that for any other
[1:36:07]
commercial place. So, that's probably
[1:36:10]
covered. Um, and yeah, definitely what
[1:36:13]
happens if they don't comply. So, what I
[1:36:16]
saw you have like a spot for them to
[1:36:18]
have money set aside for when they don't
[1:36:20]
comply with your rules, but how are you
[1:36:23]
going to know they're not complying? Are
[1:36:25]
you doing regular testing and by whom?
[1:36:28]
[clears throat] And um
[1:36:31]
something in there about trying to use
[1:36:32]
the most clean energy available at the
[1:36:34]
time. So, like right now their diesel
[1:36:36]
generators have there's like different
[1:36:38]
versions of them and like Switch said
[1:36:41]
they're going to use the version four
[1:36:43]
diesel generator which better than what
[1:36:45]
Gaines Township has in their ordinance,
[1:36:47]
but who knows when this is going to
[1:36:49]
happen, right? Things are constantly
[1:36:50]
changing. So, have something in there
[1:36:52]
that says like the best of the best
[1:36:54]
available at the time. Maybe maybe leave
[1:36:56]
a little open instead of being too
[1:36:58]
specific as to like, oh, make sure you
[1:37:00]
use this diesel generator. And then in
[1:37:02]
10 years, it's like, oh, just kidding.
[1:37:04]
It's better now. And I'm sure you guys
[1:37:06]
can update your ordinances over time,
[1:37:08]
too. Um, but uh just um
[1:37:15]
Yeah. Um, so anyway, and I just
[1:37:17]
encourage you to maybe get in uh chats
[1:37:21]
with gains and the school board for the school issue that's going to be
[1:37:26]
right on the border next to the
[1:37:28]
Microsoft one. Okay.
[1:37:30]
>> Thanks.
[1:37:31]
>> Thank you.
[1:37:37]
» Okay. Hey, Deb Steady. Um, want to refer
[1:37:40]
to the document that I handed out and
[1:37:43]
um, this is a model ordinance. It
[1:37:46]
represents noise in about four and a
[1:37:49]
half pages. Think about what our current
[1:37:52]
draft how that addresses noise at this
[1:37:55]
point. So, the point was made, how are
[1:37:58]
you going to know how to comply? First
[1:38:00]
of the 60 DBA or the 55 or 45, it's
[1:38:05]
meaningless. It's It's what you
[1:38:08]
suggested. Somebody going up with a
[1:38:10]
little decimal meter and saying, "What
[1:38:13]
is the amount of noise here?" That's not
[1:38:16]
how the noise needs to be calculated. It
[1:38:19]
needs to be a a continuous an LEQ, a
[1:38:23]
continuous level to accommodate the big
[1:38:27]
noises, the small noises. And basically,
[1:38:30]
it averages it out. it has it in a
[1:38:33]
bucket and it's done over a period of
[1:38:36]
time, sometimes 24 hours. You need to
[1:38:38]
have a compliance metric if you think
[1:38:40]
you're going to enforce a noise
[1:38:42]
ordinance piece to what you're doing.
[1:38:45]
So, I really would stress [snorts] for
[1:38:48]
you to take a look at this and Ross
[1:38:50]
perhaps you could tell me who was the
[1:38:52]
noise expert that helped you draft that
[1:38:54]
portion of the noise section. Were you
[1:38:59]
relying on noise experts or how did that
[1:39:04]
come about?
[1:39:11]
» As we've
[1:39:13]
said before, this is your time to talk,
[1:39:15]
not for us to answer your questions.
[1:39:17]
>> Okay, that's a good point. So let's have
[1:39:19]
a public workshop where the public can
[1:39:21]
come and get answers to their questions,
[1:39:25]
bring data, have a reasonable discussion
[1:39:28]
versus being cut off from providing
[1:39:31]
anything new that might help us better
[1:39:35]
protect our township and our citizens
[1:39:37]
and our children.
[1:39:40]
The the control that's being exercised
[1:39:43]
by the chair is really a very um
[1:39:48]
What do I want to say?
[1:39:50]
Uh, discouraging
[1:39:53]
because to me that says you don't want
[1:39:54]
to learn anything new.
[1:40:00]
I want to learn something new. We've all
[1:40:02]
been working very hard as citizens to
[1:40:05]
educate ourselves and to provide good
[1:40:07]
information to you.
[1:40:10]
And so, respect that, please.
[1:40:13]
And give it give us some answers.
[1:40:17]
We spend our time to come here and to
[1:40:19]
say our attorney that our taxpayer
[1:40:22]
dollars fund cannot answer a citizen
[1:40:25]
question.
[1:40:28]
Does that make sense to you? It doesn't
[1:40:30]
make sense to me. Thank you for your
[1:40:31]
time.
[1:40:46]
Seeing no further public comment, we
[1:40:48]
will close the extended public comment
[1:40:50]
period for this time. Commissioner
[1:40:52]
comments. Mr. Donovan, I know you have
[1:40:53]
something.
[1:40:54]
>> Yeah. Yeah.
[1:40:55]
>> All right. I wanted to add one one uh
[1:40:58]
agenda item. I would like to have a
[1:41:01]
discussion and you know I don't know how
[1:41:04]
we notice it out and how all these
[1:41:05]
things kind of work in the background
[1:41:07]
but I would like to see if we can talk
[1:41:10]
about increasing the minimum lot size
[1:41:14]
for agricultural and rural residentially
[1:41:17]
zoned properties.
[1:41:20]
All right. I would like to kind of talk
[1:41:22]
about that. And then the backdrop of
[1:41:24]
this is obviously, you know, the
[1:41:26]
amendment to Michigan Land Vision Act.
[1:41:30]
Okay. That's kind of the backdrop of
[1:41:34]
why, you know, I would like to have that
[1:41:38]
discussion and those two I think kind of
[1:41:40]
think go hand in hand in implementation
[1:41:42]
of the updates land division act and
[1:41:44]
then what we're allowing as far as
[1:41:47]
minimum lot size for some of our zoning
[1:41:50]
here.
[1:41:53]
>> So if we can put that on the agenda. Um
[1:41:56]
and then the second thing would be again
[1:41:59]
just a Quick discussion discussion on uh
[1:42:03]
you know whether or not to uh send
[1:42:07]
basically the uh the board a request for
[1:42:11]
an extension of the uh
[1:42:15]
>> moratorum
[1:42:17]
on data centers.
[1:42:19]
>> It's October.
[1:42:21]
>> I think it's October right now. So if we
[1:42:23]
do it now then we you know kind of come
[1:42:25]
toward the end of month September send
[1:42:27]
it over to the board. I think the idea
[1:42:30]
is to get closer. We have a couple
[1:42:32]
meetings between now and the moratorum.
[1:42:35]
>> We already did. Thank you. We already
[1:42:38]
did send a recommendation to the
[1:42:40]
township board. They're aware of the
[1:42:42]
desire to extend it and as I mentioned
[1:42:46]
earlier there there is no don't believe
[1:42:49]
that there's a desire to let that lapse
[1:42:51]
but the advice of our township attorney
[1:42:53]
was to get closer to that before
[1:42:57]
extending it because um we don't want to
[1:43:00]
be perceived as just blocking that use.
[1:43:04]
um that it's best to kind of live live
[1:43:07]
that time frame out and and have the
[1:43:10]
next one start.
[1:43:11]
>> Okay. So, it will be
[1:43:13]
>> that'll be you're uh putting that on
[1:43:16]
your calendar.
[1:43:18]
>> Yes. Yes. We've already sent it to the
[1:43:20]
township board to the clerk clerk's
[1:43:23]
assistant. They're aware of it. We've
[1:43:25]
already had emails with our township.
[1:43:27]
>> Okay. So, that would show up then on an
[1:43:30]
agenda item for the planning commission
[1:43:32]
in the
[1:43:32]
>> No, no. You as a planning commission
[1:43:34]
have already recommended one to the
[1:43:36]
township board, so we don't need to do
[1:43:38]
it again.
[1:43:39]
>> So you're saying the current goes to
[1:43:40]
October,
[1:43:41]
>> correct?
[1:43:42]
>> And then we've already recommended the
[1:43:43]
extension after the
[1:43:45]
>> correct. And we didn't need to recommend
[1:43:47]
it anyway. The board would do it, but
[1:43:49]
yes,
[1:43:50]
>> it's already um
[1:43:52]
>> All right. So that's So we're one we're one recommendation out
[1:43:56]
already, so we're good.
[1:43:57]
>> Yeah.
[1:43:58]
>> Okay.
[1:43:58]
>> Yeah, we're good. And then as to the
[1:44:01]
land,
[1:44:02]
>> I know this is, you know, it's
[1:44:03]
important.
[1:44:04]
>> It's very important and they're they're
[1:44:06]
very aware. They're they're aware of
[1:44:08]
that. Um
[1:44:10]
the
[1:44:15]
lot area, you did get a memo in your
[1:44:18]
last packet about the land division act.
[1:44:21]
So maybe if you'd like, I can email that
[1:44:24]
to you guys again. um because
[1:44:28]
Chairman Curtis, you weren't here at
[1:44:30]
that meeting to discuss it. But that is
[1:44:31]
something that we do need to get on top
[1:44:33]
of, you know, before the end of the year
[1:44:37]
since that land division act comes
[1:44:41]
um into play starting at the end of
[1:44:44]
March.
[1:44:45]
So, we want to look at the implication
[1:44:47]
of that and if there are changes to our
[1:44:49]
zoning ordinance, we want to get those
[1:44:53]
um adopted before them.
[1:44:55]
Do we have any maybe this is a attorney
[1:44:59]
question. Do we have any clear guidance
[1:45:01]
from the state or or is this one of
[1:45:06]
these things that needs to be litigated
[1:45:07]
before we figure out what the actual
[1:45:11]
we're allowed to do
[1:45:14]
>> on the land division decreasing lot
[1:45:17]
size?
[1:45:19]
>> Yes. Are you are any of your clients,
[1:45:22]
Ross, talking about the implications of
[1:45:25]
the um the 10 splits? Um
[1:45:31]
and when we did our analysis, it looks
[1:45:34]
like with we have two acre minimums. So
[1:45:38]
with 10 splits, there's probably the
[1:45:40]
potential for one additional split than
[1:45:43]
the four that can happen. Now,
[1:45:46]
>> if you're not ready to talk about that,
[1:45:48]
that's fine.
[1:45:49]
And as I'll yeah, I'll share that memo
[1:45:52]
with you. We can look at Yeah,
[1:45:55]
>> I think a lot of communities are really
[1:45:57]
working on the data center stuff right
[1:45:59]
now and then we're going to be moving
[1:46:01]
into the land division shortly after.
[1:46:06]
» Let's go up here.
[1:46:07]
>> I'm good. Mr. Mlean,
[1:46:11]
>> I just want to thank everyone for their
[1:46:13]
interests and efforts and attention to
[1:46:16]
this matter and I think we're figuring
[1:46:19]
this out for our community and
[1:46:21]
appreciate what you're bringing to us.
[1:46:23]
And there was also a comment um of how
[1:46:28]
we can
[1:46:29]
better communicate maybe with Gaines
[1:46:31]
Township and also potentially how we
[1:46:33]
could advocate for the school board. Um
[1:46:35]
Commissioner Clement, who's
[1:46:36]
unfortunately absent today, is actually
[1:46:38]
on the school board and might even be
[1:46:40]
the reason he's absent because I think
[1:46:42]
these meetings partially conflict with
[1:46:44]
the schoolboard time. So um we we have a
[1:46:47]
good connection there. The community is
[1:46:48]
really well connected to the
[1:46:50]
superintendent and leadership in the
[1:46:52]
school too. So just wanted to reassure
[1:46:55]
you that the lines of communication are
[1:46:57]
open. Um and that's all
[1:47:04]
» motion to
[1:47:06]
hold on.
[1:47:08]
>> Do we have any correspondence or staff
[1:47:09]
updates?
[1:47:12]
Uh, no, no updates, but we look forward
[1:47:14]
to seeing you at the September 21st
[1:47:16]
meeting. We have a public hearing for
[1:47:19]
amending the contractor yard special
[1:47:22]
land use to the north, the harder site.
[1:47:27]
>> They want to build another accessory
[1:47:29]
building. Um, and then we have the
[1:47:32]
homebased business on that agenda as
[1:47:33]
well.
[1:47:35]
>> So, no meeting the first of the month.
[1:47:37]
>> Labor Day of October.
[1:47:38]
>> Labor Day.
[1:47:40]
>> Oh. Correct. Yeah. Yeah. That was never
[1:47:42]
even step.
[1:47:44]
>> I will be out the 21st.
[1:47:46]
>> You'll be out the 21st.
[1:47:49]
Chairman Curtis, you as well.
[1:47:57]
hopefully everybody else will be
[1:47:58]
here because we do need a hearing item.
[1:48:04]
» Motion to
[1:48:07]
support. Motion by visser uh support by
[1:48:10]
Bradshaw. All those in favor say I.
[1:48:12]
>> I.
[1:48:13]
>> All those opposed. Meeting a journ.
[1:48:20]
[laughter]
[1:48:23]
I'm not going to
[1:48:26]
[cough and clears throat]
[1:48:28]
>> You can keep that. You can keep it if
[1:48:30]
you want.
[1:48:31]
>> Yeah. Yeah. Yeah. That's why I give it
[1:48:32]
to you. I'll get a whole new one.
[1:48:35]
>> I knew you I knew you were more
[1:48:38]
like you just want to know what was
[1:48:39]
going on. We send this like postcard or
[1:48:42]
whatever in the mail that says
[1:48:44]
>> you're affected by this.
[1:48:46]
>> Yeah. I guess my concern more than
[1:48:49]
anything is that good healthy
[1:48:51]
communities are communities for all
[1:48:54]
ages.
[1:48:54]
>> Well, we
[1:48:58]
exactly we all can't
[1:49:01]
>> I mean I wanted you to have it that
[1:49:04]
information is typically available on
[1:49:08]
that citizen's going to go look.
[1:49:12]
>> You'd have to find her. But I had a good
[1:49:14]
career and I lived to go and
[1:49:16]
>> it's not nec